Project Name: Functional Reviews in 16 Public Institutions
MINISTRY OF PUBLIC SERVICE AND LABOUR
Functional Review
Of the National Public
prosecution Authority
Final Report
13/11/2008
1
Project Name: Functional Reviews in 16 Public Institutions
PRELIMINARY NOTE
This report is the result of a team work in which the personnel of the Office of the Prosecutor General of the Republic
and in particular the Secretary General and the Director of planning, took active part.
We wish to thank them for their availability, their real interest for carried out work and their willingness showed to
very quickly implement the improvements of operation which will be proposed.
13/11/2008
2
Project Name: Functional Reviews in 16 Public Institutions
SUMMARY
Preliminary note ________________________________________________________________ 2
Introduction ____________________________________________________________________ 5
National Prosecution Service ____________________________________________________________ 5
Political, legal and regulatory environment ________________________________________________ 6
Areas of analysis ______________________________________________________________________ 7
Diagnostic analysis ______________________________________________________________ 8
Strengths and weaknesses of the Institution _______________________________________________ 8
Strengths of the Parquet General ________________________________________________________________ 8
Weaknesses of the Parquet General ______________________________________________________________ 8
Structure and organization _____________________________________________________________ 9
Missions and Attributions ______________________________________________________________________ 9
Structure ___________________________________________________________________________________ 10
Strategic plan and the action plan _______________________________________________________________ 12
Methodology to develop strategic plans and the action plans _________________________________________ 13
Institutional monitoring performance system and respect for action plans ______________________ 13
Resources of the Parquet General _______________________________________________________ 14
Human Resources of the Office of the Parquet General ______________________________________________ 14
Prosecutors having numerous advantages ______________________________________________________ 14
De-motivated Human Resources under general statute ____________________________________________ 15
Matching human Resources to needs (Cadre Organique) ___________________________________________ 17
Regulations for the civil servants of the State : ___________________________________________________ 17
Material and financial resources of the Office of the Parquet General __________________________________ 17
Structure and functioning of the information system _______________________________________ 18
Computer and information management system
18
Management procedures ______________________________________________________________________ 19
Documentation management ___________________________________________________________________ 21
Internal and external communication system ______________________________________________________ 21
Time management ___________________________________________________________________ 22
Recommendations _____________________________________________________________ 23
Main principles ______________________________________________________________________ 23
General Recommendations ____________________________________________________________ 23
Reform the Structure and the Organisation of the of the Parquet Général ______________________ 25
The Structure of the Parquet Général must be changed ______________________________________________ 25
Strategic tools and the action plan of the Parquet Général can be improved _____________________________ 28
Evaluate performance to better respect action plans _______________________________________ 28
Rehabilite and redeem Human Resources of the State ______________________________________ 28
Matching Human Resources to needs ____________________________________________________________ 28
13/11/2008
3
Project Name: Functional Reviews in 16 Public Institutions
Quickly put in place all the tools for effective management of the State Human Resources _________________ 29
Career Mechanism ___________________________________________________________________________ 32
Reorganise and modernise the information system, communication system and documentation
management system _________________________________________________________________ 33
Build technical ccompetences of Human Resources to improve their productivity _________________________ 33
Reorganise the documentation management ______________________________________________________ 33
Ensure security of computer systems ____________________________________________________________ 34
Improve and modernise communication system of the Parquet Général ________________________________ 35
Codify and put in place rules for the functioning of the institution and management procedures ____________ 35
Review time management entirely ______________________________________________________ 36
Annexes ______________________________________________________________________ 38
Annex 1 : regulations _________________________________________________________________ 38
Annex 2 : missions and functions of the Parquet Général ____________________________________ 38
Annex 3 : description of Human Resources of the Parquet général regarding the structure _________ 38
Annex 4 : description of the information systemof the Parquet général ________________________ 39
Annex 5 : description of communication tools _____________________________________________ 41
Annex 6 : work needed to implement new HRM procedures _________________________________ 42
Annex 7 : methodology to reform the information system ___________________________________ 43
Abbreviations _______________________________________________________________________ 45
13/11/2008
4
Project Name: Functional Reviews in 16 Public Institutions
INTRODUCTION
THE NATIONAL PROSECUTION SERVICE
The budget of the National Prosecution Service is part of the Macro Economic Sector of Good Governance.
In common with other Rwandan institutions, the National Prosecution service experienced the trauma of a reduction
in personnel of the Administration in 2004 and 2006. It also underwent a judicial reform that covered the whole
Justice Sector.
The National Prosecution service was created by the Constitution of the Republic of Rwanda in 2003. Its mission was
specified in the draft document of the Strategy for the period of 2006 – 2010.
In 2004, Central Institutions of the State went from 2000 to 1000 employees and then in 2006 there was a further
reduction from 1000 to 500 in total.
At the same time, the number of provinces was reduced from 12 to 5 with personnel going from 105 to 12 in each
province.
The number of Districts was reduced from 105 to 30 with personnel limited to 35 for each.
This change in structure resulted in the disappearance of the Division level and the creation of units instead of
Directorates.
Institutions of the justice sector, namely the Prosecutor General and the Supreme Court underwent, during the same
period, two reforms: administrative reform that has significantly reorganized the administrative structure with the
disappearance of divisions’ levels and a judicial reform. The latter was also marked by a reduction in the jurisdiction of
the Prosecution as regards to the attributions that were legally recognized by the legal reform of 1980 and had and
remains only with the jurisdiction of criminal prosecution instead of keeping prosecuting civil offences. In addition, it is
with this reform that the National Prosecution Service began to enjoy financial and administrative autonomy.
13/11/2008
5
Project Name: Functional Reviews in 16 Public Institutions
POLITICAL, LEGAL AND REGULATORY ENVIRONMENT 1
The National Prosecution Service currently works in the following regulatory framework:
th
1.
The Constitution of the Republic of Rwanda of June 4
2003
2.
Vision 2020, the overarching policy document which was written in November 2002, sets out the direction of
Government policy until 2020 and serves as a fundamental document for the development of sector policies.
3.
The Economic Development and Poverty Reduction Strategy (EDPRS) aims to ensure the implementation of
Vision 2020. Developed in July 2007, this document presents the strategy for implementation government
policy as set by Vision 2020 for the five years from 2008 to 2012. It is a strategic document which has
received the approval of international donors who work together on its implementation.
4.
The Government’s 7 year programme was presented to the two parliamentary chambers on the 7
November 2003. It sets out the 4 main axes for government work for the period covered by the legislation
(2003-2010):
th




Good Governance
Justice
Economy built on the nature and resources of the country, and on the population itself
The well-being of each Rwandan citizen.
5.
The National Prosecution Service is one of the leading programs set by the Economic Development and
Poverty Reduction Strategy Paper.
6.
The Statute of Public Service developed in 2002 and is still in force today. A draft statute considering the
objectives of the reform aimed to establish a job based Public Service and remuneration based on
performance is currently pending at the National Assembly.
7.
The Strategic plan of the National prosecution Service corresponding to the period covered by the EDPRS is
currently being developed.
8.
The Organic law determining the statute of Prosecutors and personnel of the Prosecution that sets categories
of the Prosecutors and determines categories of personnel working for the Parquet Général of the Republic.
9.
The organic law determining the organisation, powers and functioning of the prosecution service and
determines organs of the Parquet Général as well as their powers and functioning. It also establishes required
conditions to hold a post in the Prosecution Service.
1
Annex 1: Regulations
13/11/2008
6
Project Name: Functional Reviews in 16 Public Institutions
AREAS OF ANALYSIS
The functional review of the Parquet Général should be focused on all the aspects of its functioning both in terms of
its policies, strategies and action plans, mandate and structure as well as the functioning of its units.
1.
2.
3.
The Structure and Organization of the Parquet Général

The missions and responsibilities of the Parquet Général need to be examined in terms of the
relevance to the Government’s policy framework and how clearly each is defined for the relevant
structures;

The structure and organisation of the Parquet Général which should allow it to fulfil its mission and
to manage its operation and resources;

The method of development and the respect of strategic plans and action plans which are a
reflection of the ability of the Ministry to fulfil its mission;

The system for monitoring the performance of the institution which allows the Government to
monitor the implementation of sector policy and to make possible adjustments to the work of the
Ministry when there are difficulties in achieving action plans.
Resources of the Parquet Général

Human resources are the engine of Administrative work ;

Material and financial resources which are the fuel necessary for the functioning of the
Administration.
The Structure and functioning of the information system

Information processing tools (including archiving and accessing information systems);

Management procedures ;

Document management (including archiving and accessing information systems) which make up the
basic working tools of an Administration;

The internal and external communication systems (post, telephone (mobile, landline, IP, messaging
etc…) without which administrative work cannot be completed;

Time management (management of diaries, sharing plans, meeting effectiveness etc…) which is the
main source of productivity improvements in administrative work.
This analysis has been carried out in two phases:
1. The diagnostic analysis which identifies any poor functions and organisation problems of the Parquet
Général;
2. Development of recommendations of two types :
o Objectives for improvements and the methodology to achieve each;
o Proposals for concrete solutions wherever possible;
13/11/2008
7
Project Name: Functional Reviews in 16 Public Institutions
DIAGNOSTIC ANALYSIS
Detailed operational and institutional analysis of the Parquet Général was conducted in December 2007 by a
consultant funded by the Belgian Technical Cooperation, in collaboration with the Secretary General of the
Prosecution. A preliminary report is being analyzed.
STRENGTHS AND WEAKNESSES OF THE INSTITUTION
STRENGTHS OF THE PARQUET GÉNÉRAL
The independence of the Prosecutor General has been assured by legislation; it has administrative and financial
autonomy.
The Institute of Legal Professional Development (ILPD) has been established and will soon be available to provide
future in-service training to prosecutors, judges and lawyers.
An excellent summary of data on the Prosecutor General’s 2007 caseload was produced as a power point for the
Government Retreat at Akagera Hotel; this presentation allows us to define issues that need to be addressed for the
Justice Sector as a whole as well as for the Prosecutor General in particular, and it offers a format that should be used
proactively in the future for Action Plans and Annual Reports.
WEAKNESSES OF THE PARQUET GÉNÉRAL
Data for 2007 show that the substantial backlogs in the number of Prosecutors’ cases have not yet processed, hence
resulting in a backlog of services and work overload for prosecutors. Post-reform, the limited number of prosecutors
has been too few to catch up with the backlogs. Once the genocide backlog is eliminated the number of prosecutors
will be sufficient to handle ordinary affairs ( 10 more prosecutors are needed in the lower courts and 2 in the
Prosecutor General to reinforce the current number up to 2012, this would allow to solve the problem of backlogs).
Prosecutors’ case data documents that genocide witnesses inside Rwanda are not sufficiently protected.
Prosecutors lack on-going in-service training or skills needed to deal with the continual evolution of international
crimes such as criminal techniques, use of ICT in fighting cyber-crimes, fight against terrorism, money laundering.
Some sites in the interior lack offices for Prosecutors, basic equipment and electricity. Under these conditions,
implementation of modern information processing techniques like automation of caseload processing should be
envisaged. Likewise, the lower courts have not support personnel; therefore, Prosecutors are obliged to combine
judicial responsibilities and administrative duties to the detriment of the former.
13/11/2008
8
Project Name: Functional Reviews in 16 Public Institutions
STRUCTURE AND ORGANISATION
MISSIONS ET ATTRIBUT IONS
2
The Constitution of the Republic of Rwanda of June 4th, 2003 stipulates in its article 160 the Public Prosecution is
called, “the National Prosecution Service” responsible for the investigation and prosecution of crimes committed in
Rwanda
The article 161 of the Constitution, stipulates that the Public prosecution comprises the Office of the Prosecutor
General of the Republic, prosecution at the High Instance and Grass-root Tribunal levels.
Although provisional, The “Strategic Plan of the Prosecutor General, 2006-2010” defines missions of the Prosecutor
General as the follows:
“The mission of the National Prosecution Service is to fulfill judicial prosecution duties in an independent, just, rapid
and efficient manner with respect for the law through the defense of principles of justice based on the values of
equality, integrity, transparency, and in harmonizing social relations between penal justice and citizens, and thus
contributing to development of a state characterized by respect for human rights and liberties enshrined in the
constitution.”
The prosecution service enjoys administrative and financial autonomy. It ensures preparation and execution of its
budget.
2
Annex 2 : missions and functions of the Parquet Général
13/11/2008
9
Project Name: Functional Reviews in 16 Public Institutions
STRUCTURE
Organic Law No. 03/2004 dated 20 March 2004 specifies the organization, functioning, and authority of the Public
Prosecution. Organic Law No. 22/2004 dated 13 August 2004 defines the statute of the Prosecutors and support
personnel of the Public Prosecution. To fulfill its mission the Parquet Général works closely with the police and courts.
The draft strategic plan for 2006 - 2010, gives a comprehensive structure of the Public Prosecution which should
enable it to perform its tasks as follows:
Supreme Council of the Prosecution
Secretariat of the Supreme Council of
the Prosecution
Office of the PGR
Prosecuror General of the
Republic
Deputy Prosecutor General of
the Republic
Inspectorate
Prosecutors with jurisdiction over
the whole country
Communication & Protocol
Secretariat of the office of u
PGR
Criminality analysis & Research
Decentralised service at TGI level
Criminal record
Decentralised service at the grassroots level
Human Resources, Finance and Logistics
Unit
- Central Secretariat,
- Human Resource Management
- Accounting,
- Budget management,
- Logistics
- Procurement
General Secretariat
Unitof Planning and Documentation
Planning,
Documentation,
Statistics
ICT Unit
- Management
and
computer operating tool
- Local and networks of the
Prosecution office
- Web Site of the PGR
The prosecutor general is an institution that assumes direct responsibility for its decentralised activities through its
network of corresponding structures:

Twelve prosecution offices of the Higher Instance at each of the former provinces;
13/11/2008
10
Project Name: Functional Reviews in 16 Public Institutions

Sixty prosecution offices at the lower instance throughout the country
Since the implementation of the decision to reduce personnel, Public prosecution at lower instance are only
represented by one prosecutor without administrative staff.
Responsibilities of the Internal Audit and the Inspectorate are defined in the table below:
Responsibilities of the Internal Audit
The Organizational structure sets out functions of the Internal
Audit
of
the
prosecution
as
follows:
- Verify all expenditures proposed by the Administration and
Finance Department of the National Public Prosecution
Authority before the approval by the Secretary General;
- Ensure the expenditure is done according to the laws and
procedures governing the public expenditure;
- Approve payments made in conformity with procedures;
- Control the ongoing and post execution of the budget of
National Public Prosecution Authority;
- Verify that books are regularly kept and ensure that
transactions are quickly recorded to their correct amounts on
accounts, under the accounting period during which they have
been made, on the one hand, to allow preparation of financial
information in the framework of the approved accounting
methods and on the other hand to justify the proper
management of assets;
- Verify that debt records are accurate and in conformity with
laws;
- Verify that entries that reflect the turnover of assets are
reconciled, at a reasonable time that these assets exist and
that appropriate measures are taken against each difference;
- Submit a monthly report and a summary annual report and
even as many times as necessary to the Prosecutor General of
the Republic with a copy to the Minister of Justice and
Minister having Finance in his duties;
- Audit all units of the National Public Prosecution authority to
ensure effectiveness and efficiency of their operations;
- Verify that funds are spent according to the priority programs
of the National Public Prosecution Authority.
Responsibilities of the Inspectorate
The Organic Law establishes responsibilities of the Inspectorate as
follows:
"The Inspection Service of the National Public Prosecution
Authority is composed of inspectors who are officers of the
Prosecution. They perform their duties at the Office of the
Prosecutor General of the Republic. They are appointed and
dismissed by the Supreme Council of the Public Prosecution.
Its missions are particularly:
1st. investigate service complaints against prosecutors or support
staff of the Public Prosecution;
2nd. monitor the management of goods, funds and equipment of
the National Public Prosecution organs;
3rd. submit to the Prosecutor General of the Republic a report on
the investigations and inspections conducted, who must
transmit it to the Supreme Council of Public Prosecution;
4th. advise the Prosecutor General of the Republic or the Supreme
Council for prosecution on any matter related to the
management and operation of the organs of the Public
Prosecution;
5th. Prepare the draft of instructions to be given to Prosecutors;
6th. Deal with any other task given by the Prosecutor General of
the Republic or the Supreme Council of the Public
Prosecution.
It should be noted that the attribution No. 2 of the Inspectorate "monitor the management of goods, funds and
equipment of National Public Prosecution authority organs," is the task that is parallel to those of the Internal Audit.
(See Historical evolution and institutional and organizational analysis of the National Public Prosecution Authority).
Currently, support to Victims and Witness Protection is a function ensured within a unit with four contract staff who
are fully supported and funded by donors.
This situation does not entirely allow to find satisfactory solutions to the problems for care of victims and witnesses in
crimes of genocide or domestic crimes. (See Historical evolution and institutional and organizational analysis of the
National Public Prosecution Authority).
Since 2 years, the Prosecutor General has 4 keyboarders in the department of criminal record who have fixed-term
contracts. These keyboarders are responsible for capturing data on applicants of criminal record that is a public
13/11/2008
11
Project Name: Functional Reviews in 16 Public Institutions
service provided by the Prosecutor General on permanent basis to its customers.
Finally, it is desirable to conduct a thorough analysis on the functioning of the Planning Unit which covers the
documentation management which does not operate properly. (See Historical evolution and institutional and
organizational analysis of National Public Prosecution authority).
Critical Analysis :
The current structure includes a department for crime analysis in the Office of the Prosecutor General and a
department for criminal record.
This structure does not allow an efficient coordination of activities under a single responsibility
Moreover, in their present structure, prosecutions at lower instance can not operate effectively because the
Prosecutor has to alternately assume his/her judicial and administrative responsibilities
In addition, data capture in the criminal record by contract keyboarders may paralyze the service of issuing criminal
3
records which is the obligation of the State to its citizens .
The inspectorate and the internal audit have at least one mission in duplication which may lead to poor functioning of
the institution. It is therefore important to seek a structural solution to this problem.
Finally, the function of assistance to victims and protection of witnesses is not ensured by an appropriate structure of
the administration although it has been proved as an essential and structural mission for the smooth functioning of
justice.
THE STRATEGIC PLAN AND ACTION PLANS
The Strategic Plan for the period of 2006 - 2010 of the Public Prosecution is a complete and well designed document
that includes specific objectives but which must be linked with the objectives of the EDPRS, since the latter was
drafted after it.
The process to develop the Strategic Plan and the Action Plan is not adequately participatory.
The action plan of the Public prosecution is clearly divided into sub action plans for each partner and defines the role
of partners. It does refer to the budget which will allow funding each activity.
3
Annex 3 : contract staff of the National Public Prosecution Authority
13/11/2008
12
Project Name: Functional Reviews in 16 Public Institutions
Critical Analysis:
The provisional strategic plan was developed before the EDPRS; therefore it can not cover all its objectives for the
justice sector.
The action plan does not include time indicators, deadlines for activity results and the impact that should permit to
implement efficient and useful performance evaluation system
Lack of participation of managerial staff and partners in developing the Action Plan and Strategic Plan does not,
however, allow their consistent commitment in the effective implementation of its content.
METHODOLOGY TO DEVELOP STRATEGIC PLANS AND ACTION PLANS
The Prosecutor General works closely with decentralized organs through meetings and reports. The activity reports of
the prosecutors at lower instance and higher instance allow the General Public Prosecution to be informed of the
achievements of each of these prosecutions and encountered difficulties.
The Strategic Plan and Action Plans are developed by head offices of the Public Prosecution, in collaboration with
the decentralized organs and specialized units.
Basing on the annual action plan, each unit develops its Quarterly Action Plan.
Critical Analysis:
At the National Public Prosecution Authority, the procedure to develop the work plan and the budget is in harmony
with MINECOFIN procedures
INSTITUTIONAL PERFORMANCE MONITORING SYSTEM AND RESPECT OF THE ACTION PLAN
A performance management system is made up of information, documents and meetings which allow for ongoing
improvement of the performance of an organisation. Given the establishment of implementation schedule of such a
system adapted to the specific needs of an institution, it is essential that each element of the system be used at the
right intervals to ensure that activities can be adjusted if necessary before it is too late to rectify a problem.
At the level of the National Public Prosecution Authority, performance evaluation system has necessary elements to
ensure efficient monitoring of the institution except for the tools to measure the impact. Therefore, the current
system allows for the implementation of almost the whole action plan.
At the level of the National Public Prosecution Authority, the main elements of the current system are based on the
following:
13/11/2008
o
Quarterly judicial activity reports submitted to the Supreme Council of the Prosecution and
administrative quarterly reports submitted to the PMO
o
Inspection reports submitted to the Supreme Council of the Prosecution and to the General
Assembly
o
Daily reports from the head office
o
Weekly and monthly Managements meeting
13
Project Name: Functional Reviews in 16 Public Institutions
o
The annual retreat held at Akagera where results for that action plan of the past year are assessed.
In addition, a performance evaluation system has been adopted by the Cabinet and will allow to rapidly fill possible
gaps identified in the current system;
Critical Analysis:
The quarterly and annual reports submitted to the PMO are only used to show administrative activities that were
achieved or not rather than being performance evaluation tools of the National Public Prosecution and a tool of
monitoring activities.
However, results of activities are well assessed; there is no impact measure that would allow to ensure that
undertaken actions correspond to effective implementation of the Public Prosecution.
In the framework of the new public service sector strategy for Public administration, it is planned to establish a new
institutional performance assessment system.
The project was submitted to institutions of the country to collect views and opinions before its approval by the
Cabinet. The new system should be implemented in 2008
RESOURCES OF THE PUBLIC PROSECUTION
HUMAN RESOURCES OF THE PUBLIC PROSECUTION
Human Resources in the National Public Prosecution Authority are divided in two different categories:
1. Prosecutors with special statute
2. Administrative staff with the public service statute
PROSECUTORS HAVING NUMEROUS ADVANTAGES
The prosecutors and administrative staff are governed by two different texts, and their salaries are sometimes
different. The prosecutors of the level of a Director enjoy substantial salaries compared to the same level of positions
in the administration. For example, a prosecutor who is at the same level as his colleague from the administration is
paid Rwf 429,000 of salary and transport allowances amounting to Rwf 260,000. On the contrary, the monthly salary
of his colleague in the administration amounts to Rwf 280,000 and transport allowances of Rwf 150,000. The disparity
within the same institution de-motivates the employee who feels disadvantaged compared to his colleague;
consequently, he does not have any career vision.
13/11/2008
14
Project Name: Functional Reviews in 16 Public Institutions
DEMOTIVATED UNDER STATUTE HUMAN RESOURCES

A transitory system of remuneration which does not reward abilities, performance or the quantity of work
The system of remuneration in place in the Rwandan Public Service which is also applied to agents of the Central
Administration at the National Public Prosecution Authority was developed in 2004 and implemented at the start of
2006. It puts in place the system of remunerating jobs and put an end to the system of a career-based Public Service
in which people were rewarded for their qualification and seniority. It includes 14 levels and 7 grades. Agents at the
National Public Prosecution Authority are mostly categorised between the levels 10 and 1.
To achieve a promotion from one level to another it is necessary for there to be a vacancy while to be promoted
horizontally (from one grade to another), the civil servant must have at least 3 years of seniority at the same grade
and have performed well in the former post.
This new transitory system of remuneration is de-motivating because it does not take into account the seniority of
agents. Although the majority of staff recognises that salaries increased significantly in 2006, they consider the
current system is unfair because the experience that is required for increased productivity is not rewarded. As a
result, an inexperienced member of staff can receive the same salary as one who has 20 years of experience, for the
simple reason that their jobs are categorised at the same level.

Careers of agents are not managed
The former statute of the Public Service was based on the careers of civil servants depending on his or her seniority in
the corps and grading. This system can no longer operate in the new transitory system which links the remuneration
of the agent to the post occupied and in which the notion of a corps has been removed.
Given this, a system for managing careers within the Administration has not yet been put in place (vacant posts are
currently only accessed through external competition), the careers of agents are no longer managed and so staff find
themselves in their post for an indeterminate period without a vision of how they will progress in the future.

The lack of delegation of responsibility increases the sense of not having any responsibility among
professionals :
For managerial staff that is responsible for implementing important sectoral action plans, the fact that they are not
able to take a decision at any level is a real factor in their de-motivation.

The budget for the in-service training is largely funded by donors, but it is not sufficient
MINECOFIN allocated the budget of Rwf 27,000,000 to the training budget; this budget is less than the budget planned
for training in this year. Donors fund a great part of the training that was not funded through the government budget
while some planned training may be postponed due to lack of funding.

Human resources have not enough experience in their posts
The age pyramid of professionals within the National Public Prosecution Authorityry is presented as follows:
13/11/2008
15
Project Name: Functional Reviews in 16 Public Institutions
60 and +
55 - 59
50 - 54
45 - 49
40 - 44
35 - 39
30 - 34
25 - 29
20 - 24
0
1
2
3
4
5
However, analysis of the seniority of professionals in their post can be done using the following graph:
More than 4 years
4years
3years
2 years
1 year
Less than 1 year
0
1
2
3
4
5
6
7
More than 60 % of professionals within the National Public Prosecution Authority have been in their post for less than
1 year and about 70 % have been recruited since 2006 to replace those who were laid off!
Given this, and in the absence of codified working procedures, it is impossible to delegate responsibilities to agents
who have no experience and who are likely to leave the Administration as soon as they get a more paying job
elsewhere. In addition, this situation takes up a lot of time of senior staff who constantly have to train new recruits.
13/11/2008
16
Project Name: Functional Reviews in 16 Public Institutions
MATCHING HR TO NEEDS (ORGANIZATIONAL STRUCTURE)
Currently the Prosecutions at lower instance do not have a right number of qualified agents to match its needs.
Prosecutors have to exercise both judicial and administrative duties namely reception, management and reporting.
The significant turnover of professionals and particularly the high turnover of finance personnel is the major cause of
losses of human resources. Indeed, an executive becomes entirely operational when s/he has a few years of
experience. Likewise, when he benefits from professional training, he/she must use his/her acquisitions to the benefit
of the administration service.
Given this, the lack of civil career management and losses of management posts due to the concentration of
responsibilities and the turnover results in significant losses for the Administration, made worse by the combined
deterioration in its image on the job market.
REGULATIONS FOR THE CIVIL SERVANTS:
Currently the texts on the State employees are obsolete or are no longer adapted to the current situation in terms of
decentralisation and the decision by the Government to migrate to a job-based Public Service.


The statute for civil servants currently in force is no longer adapted to the new Public Service;
The system of remuneration of civil servants is no longer adapted and today staff are paid on the basis of a
transitory system which is not official and which is in no sense a management and motivation tool.
Critical Analysis :
At present there is no system for career management through posts and jobs and this situation is particularly demotivating for professionals.
Moreover, lack of regulations for managing human resource deprives managers of basic tools which are indispensable.
MATERIAL AND FINANCIAL RESOURCES OF THE PUBLIC PROSECUTION
Construction of offices of decentralised courts will be finalized before the end of 2008.
However, if the General prosecution takes up trials from Arusha, it will require to extend premises at the head office
by building two additional rooms.
The National Public Prosecution Authority is well equipped with office material.
Its budget corresponds to its operational needs.
13/11/2008
17
Project Name: Functional Reviews in 16 Public Institutions
STRUCTURE AND THE FUNCTIONING OF THE INFORMATION SYSTEM
Information is the main product of Administrative work. Information is only useful if it is codified on a transferable
support.
The information system of an administration is linked to the entirety of the procedures which allow information to
circulate between various users, to be controlled, archived etc.
It is therefore essential to analyse the information system and its possible poor functions in detail.
INFORMATION AND COMPUTER MANAGEMENT SYSTEM
In a modern Administrative structure, the ICT system is the support for the information system.
The National Public Prosecution Authority has a complete ICT system which is recent and good. All managerial
members of staff have adequate equipment and are linked to the network. This is open to the outside (Public
Prosecution at lower and higher instances) through MTN internet connection while waiting the restoration of a very
efficient network. There is no intranet network for the National Public Prosecution Authority, but it is planned to
install it very soon with optic fibre installation.
However, this tool is currently insufficiently and badly used:
1.
Computers are often used as type writers. The lack of knowledge about the functions of the text processing
tools available, combined with the lack of standardisation of how information is processed and presented,
results in only basic use of word processing and spreadsheet tools. This means that more efficient and
complete use of the tools would allow to benefit from significant productivity gains.
2.
The computer network at the National Public Prosecution Authority is more protected than elsewhere
although there remains much to do. Indeed, there is no policy for security and safety of the information
system in use:
There is a documentation server that has not yet been installed. This would allow the implementation of the
centralized documentation management and the setting up of systematic protection tools.



Physical security (fire protection, protection against theft or accidental destruction etc…)
Security against external intrusion due to internet access (management of firewalls, filters against abuse
or excessive use, anti-virus etc…)
Security and safety of data (protection of access to data, procedures for saving etc…) all the employees
have CD burner for saving data but the use is not frequent.
3.
It is important to note that access to the Internet network is not automatically filtered
Messaging tools or file transfers via the network are sufficiently used:
4.
The main information support is paper:
Despite ICT equipment that is of a good standard at the National Public Prosecution Authority, habits and the lack of
thought given to the subject by the institution on policies means that the exchange of information is still extremely
dependent on moving pieces of paper around although this is the method that is the most fragile and expensive to
produce.
Paper support is still used by the Administration just so that manual signatures can be applied. It should be
emphasised that manual signatures are not at all secure and in addition, signatures are often applied to documents
13/11/2008
18
Project Name: Functional Reviews in 16 Public Institutions
for which there is very little risk of fraud (invitations to meetings, arranging meeting dates, passing on information,
etc…).
Critical Analysis:
4
At the National Public Prosecution Authority, the information system in place is complete and modern. As it is,
without additional investment, it allows for the implementation of the majority of the tools of that the Prosecution
service needs in order to modernise its information and communication systems.
However, specific thought must be given to define an actual security and safety policy for the ICT system (materials,
network, and software) and for data.
In addition, effective use of office tools and of the network that are currently available to users via the ICT system
requires adequate and targeted training for all staff.
Modern electronic signature tools (scanning a manual signature, digital fingerprint, encrypted signatures etc…) are in
fact far more practical and far more secure.
The rational use of such tools, combined with the implementation of a policy on the exchange of ad hoc documents,
would generate significant paper savings and facilitate work on electronic documents which is far easier to manage.
MANAGEMENT PROCEDURES
Except for specific procedures such as budget preparation, management of assets, Public tender, the General
Prosecutor management procedures are not codified in any formal manuals.
At the National Public Prosecution Authority the situation is as follows:
1.
Human Resources management procedures :
There are no formal procedures. Some practices have been developed in order to implement current administrative
rules but these are not codified in a specific guide.
Instead of a manual for human resource management, the National Public Prosecution Authority uses:
-
A holiday request form;
An absence form;
A salary modification form;
A salary confirmation form;
A salary cancellation form.
2.
Financial management procedures:
The only reference document used for financial management is the financial procedures manual for the Central
Government, produced by the Ministry for Finance and Economic Planning (MINECOFIN) in 2001
5
3. Courier Management :
At the National Public Prosecution Authority courier management system is entirely manual because there is no
formal courier management system; courier management is done in the following way:
The incoming mail is registered at the Central Secretariat, transferred to the Secretary General and forwarded to the
technical units. Confidential mails are first and foremost identified by the Central Secretariat and directly handed in
enclosed envelopes either to the Private Secretary or the Administrative Assistant of the high authority.
4
Annex 4 : description of the computer system of the Prosecution Service
Annexe 5 : description of communication tools
13/11/2008
5
19
Project Name: Functional Reviews in 16 Public Institutions
Outgoing correspondence is delivered in 2 different ways:
 Electronic mail;
 Fax;
 Normal national couriers are transported by a private courier company.
The outgoing couriers are signed by the Prosecutor General of the Republic and the Secretary General. In case the
Prosecutor General of the Republic is absent, the Deputy Prosecutor General of the Republic signs the outgoing
courier. In general all the couriers are registered and sent by the Central Secretariat except for urgent and confidential
couriers. The latter are directly registered at the office of the addressee that respects order of the number given by
the Central Secretariat.
13/11/2008
20
Project Name: Functional Reviews in 16 Public Institutions
Critical Analysis:
Procedures that are currently applied at the General Prosecutor office are described in a specific manual. However,
the manual does not describe all the procedures applied at the National Public Prosecution Authority, particularly
procedures to delegate responsibilities.
It is important to note that courier management is entirely manual whereas registering and monitoring should easily
be ensured through the computer network.
DOCUMENTATION MANAGEMENT
There no documentation policy at the National Public Prosecution Authority. The majority of documents is electronic;
however, electronic documents are not shared by users.
There is no real standard rule for filing and labelling of these documents specifically which would help subsequent
searches. When documents are filed, it is according to the system of the person who has created the document and
on his or her machine using his or her own logic.
The same is true for documents received from outside through email or through the network.
Given this, documents which need to be used by several people are printed on paper and filed in the traditional paper
filing system.
Access to documents is not protected and there is no specific policy thereof.
Searching for documents is disorganised and documents are not shared on the network and it is particularly difficult to
find an electronic document on the network since no filing system has been set up.
Critical Analysis:
Information is the main product of National Public Prosecution Authority. Its documentation is its “business”. This
documentation has no real value only if it is protected, managed and accessible.
The documentation management at the Prosecution service needs to be reorganized in order to allow its effective use
by potential users, and the Public prosecution service must define its policy as regards to security and safety.
INTERNAL AND EXTERNAL COMMUNICATION SYSTEM
The internal communication system of the Public prosecution service depends primarily on the use of the following
tools:


Weekly management meetings are held on a regular basis and allows sharing information among units;
Personal mobile telephones are the main tools for communicating over a distance;

Internal landline phones allow work information sharing among agents within the institution;

E-mails from private email addresses are used for work purposes.
The external communication system depends on the following tools:
13/11/2008
21
Project Name: Functional Reviews in 16 Public Institutions




Traditional paper mail ;
e-mails from professional adresses
Personal mobile phones
Landline phones
Critical Analysis :
Mobile phone is the communication system that is the most expensive, the least secure and the least easy to manage.
Although it is the easiest method of communicating, it has resulted in the loss of filters such as the service provided by
a secretary which allowed urgent and non-urgent calls to be managed and for communications to be prioritised.
Mobile phones obliges a person to spend their time managing other people’s urgent problems to the detriment of his
or her own priorities.
It is therefore necessary to prioritise communication tools which allow the user to manage his or her time and to
prioritise tools which are the least expensive.
TIME MANAGEMENT
Given the constraints on human resource numbers which are imposed by the draconian necessity to control the wage
bill, productivity gains are an absolute necessity.
Currently, the executives of the National Public Prosecution Authority do not manage their time well. This situation is
partly due to the lack of use of tools to manage their time and partly because of a lack of discipline when faced with
supposedly urgent.
At the Prosecution Service, the use of diaries is not generalized. Where they do exist and are used, they are paperbased diaries.
Critical Analysis:
Time management is a factor of comfort and efficiency in the work of the staff of an Administration. It is also an
important source of improvements in productivity.
Effective time management depends on the implementation and use of tools and specific procedures and the respect
of a rigorous discipline.
At the National Public Prosecution Authority, given the obligation to maintain the current number of staff in Rwanda,
it should be an important method of improving the quality of work and the comfort of agents.
13/11/2008
22
Project Name: Functional Reviews in 16 Public Institutions
RECOMMENDATIONS
MAIN PRINCIPLES
The decision taken in 2004/2005 to reduce the number of staff in the Administration accompanied by the restructuring were decisions that were essential and irrevocable and which have allowed for the rehabilitation of the
public service in Rwanda.
These actions nonetheless rendered obsolete the main management rules and systems.
The proposals for reform should allow the Administration to better function and to rehabilitate management systems,
without fundamentally questioning the process which has been undertaken.
GENERAL RECOMMENDATIONS
3.
Accomplishment of the Prosecutor General mission
3.1 Enact legislation and find donor funding that will allow the GoR to hire temporary prosecutors to review and
reclassify the backlog cases and prepare those that can still be tried. The EU’s effort to reduce backlogs in the courts
through the hiring of ad interim judges and court clerks needs to be complemented by the funding and hiring of
temporary Prosecutors, but this is not legally allowed at this time. It is possible that young law school graduates could
be hired for this purpose if they are supervised by experienced Prosecutors. The complexity of the cases will dictate
how long it will take to move thought this reclassification process, but the experiment could be funded for a year as a
pilot effort.
3.2 Organize seminars for small groups that combine the police, judges, prosecutors and lawyers, so they can
harmonize their interpretation of key legislation and disseminate these opinions to their peers through websites and
on-line reports.
3.3 Propose draft legislation that would reverse the current allocation of preventive detention time between the
police and the prosecutor’s office. This would give more days to the police than to the prosecutor’ office to collect
evidence for the case.
3.4 Review the bail system in light of other countries that would allow to cover several crimes
3.5 Design and propose legislation to establish an improved genocide Witness Protection Program.
3.6 Draft and propose legislation that would allow plea bargaining between defense and the prosecution to reduce
charges if the defendant pleads guilty for a small offence as a tool to reduce the number of cases that need to be tried
in the courts.
3.7 Address the sources of cases by initiating or participating in multi-ministry efforts and sharing case data as
necessary to address the root causes of crimes.
3.8 Work with the lecturers and administration of the new ILPD to design and pilot test new in-service training or
trainers courses for prosecutors, police, judges and lawyers on new forms of international crime that are being
imported into Rwanda such as ICT cyber-crimes, counterfeiting, money laundering, and terrorism. These kinds of
training will need to be on-going, updated regularly, to stay abreast of the evolution of these new criminal techniques
and technologies.
3.10
Work with the National Institute of Statistics to recruit and train qualified statisticians that can establish
and manage MIS and M&E data programs for the Prosecutor General. Out-source to NIS, universities and/or the
private sector when detailed surveys, sampling or focus groups are needed for data collection.
13/11/2008
23
Project Name: Functional Reviews in 16 Public Institutions
3.11 Install automated processing software for the Prosecutor General to reduce backlogs and link it to the parallel
effort to automate the processing of cases under the Supreme Court and its lower courts. For example, the U.S.
National Center for State and Local Courts has developed proprietary software that it has modified and installed with
USAID funding in Mongolia and Kosovo to address backlogs and court process reforms.
3.12 Consult broadly and reach consensus with MINIJUST, the Supreme Court, the Bar and human rights NGOs on a
new law widely considered to be fair, that will reclassify some of the Category 1 genocide cases so that additional
cases can be transferred to the Gacaca process to reduce court and prosecutors’ backlogs.
4. Recommendations for Addressing Common Strategic and Cross-Cutting Issues
Legal aid for the poor needs to be increased through a partnership between the Justice Sector Secretariat, Supreme
Court, the Prosecutor General, MINIJUST, the Bar, NGOs, media and the Parliament. At present, the bar holds a
monopoly on legal representation in the courts, but their members are too few and too busy with fee-paying clients to
serve the needs of the poor on a pro bono basis. Funds to compensate legal aid for the poor in the MINIJUST budget
are also inadequate. NGOs are requesting a change in the law of the Bar to allow NGOs to hire lawyers to represent
the poor in the courts, and the GoR needs to allocate more funding for contracts with NGOs and members of the Bar
to provide legal services to the poor.
5. Improve innovation systems and processes as well as other best practices identified in this analysis
5.1 The Justice Sector-wide planning and coordination to date is a model for other sectors in Rwanda, but the
coordination meetings need to be held more frequently (monthly or at least every two months) and a common data
base of studies and program plans needs to be created and made accessible to all stakeholders.
5.2 Commercial law effort that unites several ministries and institutions is an example of best practice and an
important contribution to realization of EDPRS objectives. The World Bank-supported Commercial Law reform effort
that unites several ministries and institutions is an example of best practice and an important contribution to the
realization of EDPRS objectives. This sector-wide initiative involved the reform of 14 commercial and labor laws,
master’s degree training in South Africa for the 3 Rwandan judges that will take the lead in Rwanda’s new commercial
law courts, and establishment of the ILPD to provide practical in-service training to existing judges in the new
commercial laws.
13/11/2008
24
Project Name: Functional Reviews in 16 Public Institutions
REFORM THE STRUCTURE AND THE ORGANISATION OF THE PROSECUTOR GENERAL
THE STRUCTURE OF THE PROSECUTOR GE NERAL MUST BE CHANGE D
The Prosecutor General is an institution which, like the institutions of sovereignty, is directly responsible for the
implementation of its decentralized activities.
In this context, it seems abnormal to apply strict structural standards established in 2004 for institutions whose
activities are implemented by the Districts.
Therefore, to respond to questions rose by the diagnosis, the proposal is to change the organizational structure of
Public Prosecutions in the following manner:
13/11/2008
25
Project Name: Functional Reviews in 16 Public Institutions
Supreme council of the prosecution
Secretariat of the supreme Council of the Prosecution
Office of the PGR
The prosecutor General of the Republic
Victims and witnesses protection department
Prosecutors with jurisdiction over the whole
country
Deputy prosecutor General of the Republic
Crime analysis and research unit
Secretariat of the office of the PGR
Inspection
Decentralised services at the level of TGI
Communication, Protocol and Public Relations
Decentralised services at the grassroots level
Specialised units
General Secretariat
Human Resources, Finance and logistics Unit
Planning unit
ICT unit
-Human Resource management
-Planning, monitoring and evaluation
-Management, operation of the computer tools
-Accounting
-Elaboration of policies, programmes and
projects
-Local and national network of the prosecution service
Documentation, website of the PGR
-Budget management
-Statistics
-Logistics
-Procurement
13/11/2008
26
Project Name: Functional Reviews in 16 Public Institutions
The new organizational structures bring the following changes:
1.
Creation of Victim and Witness Protection and Assistance Department which will also be in charge of
supervising activities at the Higher Instance Courts
2.
Combining ICT and documentation activities within the same unit in order to encourage the implementation
of an e-Administration;
Combining the crime analysis department and research within the same unit in the General Prosecution in a
bid to allow better coordination of activities under the supervision of the same unit Director;
Provide all Lower courts with administrative personnel in charge of reception, reports from the national
police, formatting the reporting and administrative management duties;
Creation of 3 posts of keyboarders in the Unit of crime analysis and research;
Clarification of the role of the Internal audit, in charge of finance control of the Prosecution by modifying the
organic law by removing the function of “control management of property, funds and equipment” from the
inspectorate in order to avoid attribution conflicts and allow the inspection to fully play its role of controlling
the judicial activity of the Prosecution.
3.
4.
5.
6.
13/11/2008
27
Project Name: Functional Reviews in 16 Public Institutions
STRATEGIC TOOLS AN D ACTION PLAN OF THE P ROSECUTION SERVICE M AY BE IMPROVED
The strategic plan of the Prosecutor General must clearly show its relations with the EDPRS.
Likewise, the action plan must be developed in a way that enables programmes and activities to be clearly related to
objectives set by the strategy. In addition it has to distribute activities to each of structures that will implement them.
It is important to note that, in order facilitate the monitoring of performance evaluation of each activity and sub
activity identified, the action plan must determine the result, the expected impact, the achievement schedule as well
as the deadline.
EVALUATE PERFORMANCE FOR BETTER RESPECT OF ACTION PLANS
The important condition to ensure compliance with action plans is to put in place a monitoring system of
achievements and evaluation of effective performance.
The indicators of action plans that will allow the assessment and actual monitoring of the implementation of the
action plan should be developed in consultation with all involved actors. In addition, indicators must be realistic and
allow continuous monitoring throughout the implementation of the action. Finally, impact indicators are essential
because they will allow monitoring the relevance of the action taken.
The monitoring and evaluation procedure that must be defined should aim at the continuous readjustment of actions,
including actions implemented by partners or Districts. In the event of unexpected errors in achievements, it will be
necessary to quickly undertake the process of corrective actions to avoid high losses in resources and the budget.
Respect for these principles necessary for monitoring of the implementation of action plans should be ensured:


On the one hand, the definition of specific indicators in collaboration with all actors involved;
On the other hand, putting in place an accurate process of standard reporting that will enable the systematic
analysis of indicators according to a specific schedule for each action.
The assessment should be positive and allow any questioning of programs and priorities as well as the revision of the
strategy if necessary.
Performance Assessment System which was approved by the Cabinet and that will be set up soon should solve the
problems in part.
13/11/2008
28
Project Name: Functional Reviews in 16 Public Institutions
REHABILITATE AND REDEEM HUMAN RESOURCES OF THE STA TE
MATCHING HUMAN RESOURCES TO NEEDS
At the Prosecutor General, the problem of human resources management appears differently for each category as
Prosecutors have a special statute and the administrative personnel are under the Public service statute.
The senior management positions should normally be hold by employees who have vocation to work in the public
service. In addition, the majority of management positions require skills that can be acquired only through experience.
It is in the interest of the administration to keep its employees spurred by a sense of the State and having acquired a
sequence of complementary experiences in their working areas. These objectives can be achieved only through the
establishment of comprehensive human resource management of the State.
As far as the administration personnel is concerned, a number of measures should help address some problems,
therefore it should be pertinent to:



Define work positions described in the Organizational structure basing on criteria such as the kind of the task,
workload, competence, experience and capacity;
Carry out recruitment and staff turnover basing on criteria of competence and capabilities;
Organize mutual training activities among institutions in order to allow the organization of inter-agency
specialized training;
It is crucial to note that motivation of employees is not only based on their salaries. It actually implies several
complementary components:








Technical interest of the post
The ease with which you perform your tasks
The level of responsibility you are given
Recognizing the work done
Job security
Training granted
The impartiality of the evaluation system
The clarity of evolution in positions of the administration
This is the implementation of a system that will allow the implementation of all these principles which will enable the
administration to have attracted, faithful and effective human resources.
13/11/2008
29
Project Name: Functional Reviews in 16 Public Institutions
QUICKLY PUT IN PLACE ALL THE TOOLS FOR EF FECTIVE MANAGEMENT OF THE STATE’S HUMAN
RESOURCES
The Administration has an urgent need for tools which will allow it to:




Ensure an effective match between its needs and the human resources available to it or it intends to
recruit;
Have tools for motivating staff which will allow it to manage them more effectively according to its needs
and to ensure the quality of the work of the staff;
Plan for the demographic evolution of its staff and the evolution of its needs in terms of quantity and
quality in order to maintain the best possible match between needs and staff;
Have tools which allow it to ensure the stability of the public Administration and its independence from
politics
To achieve this, it is important to quickly complete the reform of the public service that is already underway, and in
particular:






To finalise the Statute of the Public Service and the possible special statutes which are related to it and
which detail :
o The rights and the obligations of civil servants which ensure their independence vis-à-vis politics
o Confirm that the Public Service is a job-based public service in which posts are qualified by the role
and specific conditions for carrying out that role
o Rules for career management which - within the context of a job-based public service – should allow
a person to progress through the hierarchy depending on his or her experience, abilities, capacity
and performance.
To put in place nomenclature of roles, qualified by their characteristics in terms of abilities and necessary
experience and positioned in relation to others
To create a directory of posts characterised by the role and the specific conditions for carrying out the
role in the post
To design a system of remuneration attached to the post which takes into account the role, the specific
conditions attached to the role, experience acquired in the post and the performance of the agent
To implement the performance management system which is under examination for approval by the
Cabinet and which should be implemented in 2008
To put in place a system for human resource management for the State based on a single database,
secure procedures and an ICT network which helps managers and decision-makers and which will enable
to:
o
o
Ensure the right tools are available to improve the stability of the public service
Plan for demographic evolution of staff and the evolution of needs in terms of both quantity and
quality
o Ensure an effective match between human resource needs and existing staff and those to be
recruited
o Ensure tools are available to motivate staff
All of the necessary tools for Management of State Human Resources can be shown as follows:
13/11/2008
30
Project Name: Functional Reviews in 16 Public Institutions
HR M S ys tem
HR R egulation
S tatute
D is cipline
C areer
Management
P ay
S taff
D atabas e
C areer
Management
Nomenclature
of roles
Management
of P os ts
P erformance
E valuation
Management
of Abilities
B udget
Management
C onditions
S pecific to
the P os t
S ys tem of
R emuneration
Work P os ts
13/11/2008
31
Project Name: Functional Reviews in 16 Public Institutions
It should be emphasized that if one of the tools is not operational, the system as a whole can not operate.
CAREER MECHANISM
Increasing loyalty of managerial staff necessitates the implementation of a system of professional development which
will allow staff to develop their career.
In a job-based public service such a career can only be achieved by ongoing promotion within the hierarchy of posts.
Such a system depends on the following principles:

Posts in the Administration are defined by roles which are categorised within the nomenclature of
Administration jobs and by conditions specific to the job;

Access to the role is defined by criteria based on ability and experience;

Access to a post which is a different role to the one previously carried out but which is the same type of role,
is based on internal competition in order to ensure professional development for the managerial staff of the
institution. The right to compete in an internal competition is defined by:
 Experience acquired in a post with the same type of role as that applied for
 Satisfactory performance evaluation results
External competitions are organised only if the internal competition does not produce a successful candidate
The mechanism for careers can be described as follows:
:
Role 2
Speciality
1
Specific
Job
Conditions
Post
3
Cr
ite
A c ria f
ce or
ss
Role 1
Speciality
1
r
a fo
i
r
e
t
Cri ccess
A
Internal Competition
Specific Job
Conditions
Role 1
Speciality
1
Specific
Job
Conditions
13/11/2008
32
Post
1
Post
2
Project Name: Functional Reviews in 16 Public Institutions
REORGANISE
AND
MODERNISE
THE
DOCUMENTATION MANAGEMENT SYSTEM
INFORMATION,
COMMUNICATION
AND
BUILD TECHNICAL HUMAN MANAGEMENT SYSTEM TO IMPROVE THEIR PRODUCTIVITY
Given the limit on the number and quality of human resources in the Administration, and taking into account other
intangible constraints such as the stabilisation of the salary bill, improvement in the productivity of staff is the most
suitable solution for increasing the efficiency of the Prosecutor General.
Improved use of ICT tools for dealing with information and for communicating should run alongside improvements in
productivity and efficiency of the National Public Prosecution Authority.
To achieve this, computer users need to be properly trained on the different uses of their tools especially in the
following domains:










Advanced word processing
Use of OLE functions
Saving
Protection of documents
Transfers to other users via the network
Revision
Instant messaging between users
Use of Outlook diaries and sharing with other users
Group mail
etc.
Equally, managerial staff should be trained in management techniques, in particular:






Team management;
Time management;
Effective meetings;
Evaluation methods;
Delegation;
Etc.
REORGANIZE DOCUMENTATION MANAGEMENT
The majority of documents produced were created on the computers of individual staff at the Ministry. It is therefore
created electronically.
Given this, the most obvious solution for management of documents involves installing a central documentation
server which is accessible via the network and on which all documents are systematically and automatically stored.
The organisation of this store should meet certain norms.
Thus, the following should be associated with each document:



13/11/2008
Author’s name;
Subject;
Key words to summarise its content (to assist in searches);
33
Project Name: Functional Reviews in 16 Public Institutions


Date of creation;
For reports, a short summary.
Software packages for document management exist on the market and will allow the database to be effectively used if
constructed in this way.
Of course, the rules of filing and access to documents need to be set out in a specification document in which the
individual needs of the Prosecutor General will be taken into account.
Document management should be the subject of a specific procedure manual.
Protection of documents on the central serve is largely facilitated because it has many documents which allow a single
saving on the support (external hard disk for example).
ENSURE SECURITY OF COMPUTER SYSTEMS
An information system which is contained on a networked ICT system is particularly vulnerable if it is not protected by
a security system which meets a specific policy.
Security and safety of ICT systems include two complementary components:


Security and safety of materials and the network;
Security and safety of data.
The concept of security covers the means put in place for the physical protection of an object (fire protection,
destruction etc…)
The concept of safety covers the means of protecting access (filters, passwords, encryption etc…)


Security of the electricity supply
Security of materials
o Security of the buildings, temperature control…
o Fire security
o Preventive saving in case of sabotage (external hard drive, safe…)
o Access to the network
Given the sensitivity of information that circulates on the network, a specific security strategy should be implemented:
The following security system is possible:
 Control over access to the network;
 Control over access to servers and individual workstations;
 Control over access to the document database;
 Control over access to various functions;
 Definition of the responsibilities of network Administrators and users;
 Internet access filters;
 Implementation of an automatic data saving system.
The establishment of an Intranet network for the National Public Prosecution Authority would significantly ease the
management of security and safety of the information system.
13/11/2008
34
Project Name: Functional Reviews in 16 Public Institutions
IMPROVE AND MODERNISE COMMUNICATION SYSTEM OF THE PROSECUTOR GENERAL
Control of the use of mobile telephones and the implementation of a secure and controlled communication system
requires a global view of needs and this can be achieved using a specifications document.
The communication system at the Prosecutor General needs to be designed globally so that each type of interaction is
held using the most appropriate tool (in terms of efficiency and efficacy) and the best procedure.
In general it is clear that priority should be given to the implementation of communications which depend on the
following tools depending on the type of interaction:



Professional mobile telephone for urgent communication which demands an immediate response;
IP telephony on a system which is used exclusively for professional reasons and which can replace landline
telephones. This tool should be filtered by an assistant where possible;
Instant messages using a professional tool such as Microsoft Exchange which would allow management of
communication on a network that is restricted to the Prosecutor General ( or to the administration…) ( under
the establishment);
Systematic use of email for sending written messages. Rules for use should be codified:

o Style of contents of the messages depending on the recipient (use of Word templates);
o Method of signature;
o Method of transferring attachments (reducing the size, type of file (PDF, Version of Word etc…) ;
o Method of filing emails.
Traditional correspondence should be replaced wherever possible by electronic mail and attachments.

CODIFY AND PUT IN PLACE RULES FOR THE FUNCTIONING OF THE INSTITUTION AND
MANAGEMENT PROCEDURES 6
The rules of operation and procedures are guarantees of the security, safety and quality of the various tasks which
contribute to the successful implementation of the Administration’s missions.
This is why, it is essential that these rules and procedures should be developed according to the rules and principles of
the institution and that they should be codified in a specific document so that they can be communicated and
maintained.
At present, only the procedures of the Prosecutor General, procedures for the preparation and execution of the
budget are codified along with the procedures for personnel which are being validated at the PMO.
All management procedures should be examined and codified:




Correspondence management procedures should be modernised :
o Put in place a computer application for monitoring of internal correspondence
o Increase the transfer of electronic documents instead of using paper
o Put in place a system for electronic signatures for Managerial staff of the Prosecutor General
Document management procedures
Procedures on how action and strategic plans are developed
User guides
6
Annex 6 : work needed to implement new HRM procedures
13/11/2008
35
Project Name: Functional Reviews in 16 Public Institutions

Etc.
Each procedure that is identified should be analysed:





Identify basic documents and information that form part of the procedure
Establish which documents and which information is produced during the procedure and who is their
recipient
Establish the successive steps of all the tasks which contribute to the successful completion of the
procedure
Identify the movement of information and those responsible for each task
Put in place controls
Once the analysis is finished, maps showing each procedure are developed and the procedures manual can be written.
Following validation by the leadership of the institution and/or an inter-ministerial commission if the procedure
7
concerns several administrations, manuals are published officially as a regulation
REVIEW TIME MANAGEMENT ENTIRELY
Time management is an absolute necessity in order to achieve significant productivity gains in administrative work.
The diagnostic analysis carried out showed that senior members of staff tend to spend their time on other people’s
urgent work rather than on their own planned work. In other words, they respond to problems that are imposed on
them by replying to their mobile phones – over which they have no control – to the detriment of their own urgent
work.
At the National Public Prosecution Authority, members of staff do not really use diaries and do not control the work
they are doing, it is essential that an appropriate system for time management be put in place urgently.
Mastering time management requires the implementation of rigorous procedures and tools which are designed for
each work situation:
1.
2.
3.
4.
5.
A tool for planning meetings;
Electronic diaries both for managing contacts as well as the calendar;
Tools for sharing diaries with assistants and colleagues;
Delegation of arranging meetings;
Delegation of management responsibilities :
 Delegation needs to be studied globally in order to identify which responsibilities can be delegated,
to which post and the nature of the delegation (permanent or temporary);
 Delegation of responsibilities is approved by the Ministry through a signed text and communicated
to all concerned people.
6. Prioritise electronic correspondence over paper (using paper-based letter makes the process too long and
complex)
7. Automatically filter internet connections to limit abuse during working hours
8. Prioritise communication tools which allow better control (instant messaging rather than mobile phones,
email etc…)
These tools of course need to be used in combination with rigorous discipline around planning (managing priorities,
rules on timing of meetings according to priorities and urgent work, delegating arranging meetings etc…)
7
Annex 7: Methodology to reform the information system
13/11/2008
36
Project Name: Functional Reviews in 16 Public Institutions
The high number of meetings often has a very negative effect on a person’s ability to work efficiently and is too often
given priority over important work requiring thought and reflection.
In order to remedy this situation, the choice of attendees at each meeting should be formally defined by ensuring that
only the staff who are genuinely affected by the contents of the meeting attend with the obligation to provide a
report to others on the outcome of the meeting.
Improvements in time management, as with other reforms in the functioning of the Prosecutor General Office should
be set out in a specification document which is developed collaboratively by all managerial staff. Indeed, such a
reform cannot ignore the cultural and practical constraints that are specific to the environment. Equally, specific
training should be given to staff so that they have the means to change their habits.
13/11/2008
37
Project Name: Functional Reviews in 16 Public Institutions
ANNEXES
ANNEX 1 : REGULATIONS
Title
Date
Place
20/03/2004
Kigali
Organizational structure of the Parquet Général of the Republic
07/12/2007
Kigali
Organisational chart of the Parquet Général of the Republic
07/12/2007
Kigali
Manual of Administrative and Financial Management procedures
2006
Kigali
Manual of Government policies and procedures: Financial Management and Accounting
November 2006
Kigali
INSTITUTIONAL
Organic law determining the organization, powers and functioning of the prosecution service
ORGANISATIONAL
ANNEX 2 : MISSIONS AND FUNCTIONS OF THE PARQUET GÉNÉRAL
Description of missions and functions of the Parquet Général based on in official documents
Mission/objective/Mandate
Functions
The Prosecution service is in charge of
investigation and prosecution of crimes
The Office of the Prosecutor General of the
Republic as well as prosecutors at the high
instance level and at the grass root level are
responsible for prosecutions before ordinary
courts
To ensure the follow up of the activities of the
Prosecution service
13/11/2008
Responsible Structures
The Office of the Parquet
Général of the Republic
He/she is responsible for prosecutions before the Supreme Court and
before the High Court of the Republic as provided for by the law.
To have the duty either on its own motion or at the request of any
other authorised party to provide opinion on the general
performance of the Prosecution including any disciplinary measures
that may be taken against career prosecutors with the exception of
the Prosecutor General of the Republic and the Deputy Prosecutor
General of the Republic.
The
Office
of
the
Prosecutor General of the
Republic and the Public
prosecution at the high
instance level and at the
grass roots level
The Supreme Council of
the Prosecution
38
Project Name: Functional Reviews in 16 Public Institutions
The Inspectorate Department of the Parquet
Général of the Republic is responsible for
supervision and the control of the functioning
of the Prosecution organs.
To investigate complaints against prosecutors or other staff of the
Prosecution Service - to control property, funds and equipment of
the organs of the Prosecution Service-to submit report on matters
on which it has conducted investigation to the Prosecutor General of
the Republic who, in turn, submits the same to the Supreme Council
of the Prosecution- to advise the Prosecutor General of the Republic
and the Supreme Council of the Prosecution Service on matters
concerning the administration and functioning of the organs of the
Prosecution Service-to prepare proposals of regulations concerning
prosecutors- to do other activities as may be assigned by the
Prosecutor General of the Republic or the Supreme Council of the
Prosecution.
The Inspectorate of the
Parquet Général of the
Republic
ANNEX 3: DESCRIPTION OF HUMAN RESOURCES OF THE PUBLIC PROSECUTION ACCORDING
TO THE STRUCTURE
Under contract employees of the National Public Prosecution Authority
Posts
Number
Assistant Accountant
Staff for victims and witnesses protection department in provinces
Agents for victims and witnesses protection department at the head office
Secretaries of the mobile group
The in chargé of the generator
RCN Secretaries
Total
13/11/2008
1
12
4
25
1
4
47
Financing
BTC
UNDP
BO
GTZ
BO
RCN
39
Project Name: Functional Reviews in 16 Public Institutions
ANNEX 4: DESCRIPTION OF THE COMPUTER SYSTEM OF THE PROSECUTION
4.1: Computer equipment compared to the number of personnel:
Service/Structure
Desktops
laptops
Fax
Photocopiers
Number of printers
Headquarter of the PGR
26
28
1
3
16
GI Nyanza
1
1
1
2
1
GI Rwamagana
1
2
0
1
1
GI Rusizi
2
1
1
2
1
GI Musanze
0
1
0
1
0
GI&Base Nyarugenge
10
1
1
1
1
GI&Base Gasabo
4
1
0
2
0
GI&Base Gicumbi
7
1
1
1
1
GI&Base Muhanga
10
1
1
1
2
GI&Base Huye
8
1
1
1
2
GI&Base Nyamagabe
9
1
1
1
2
GI&Base Rusizi
7
1
0
2
3
GI&Base Musanze
8
1
1
1
3
GI&Base Rubavu
8
1
0
2
2
GI&Base Nyagatare
5
1
2
1
2
GI&Base Ngoma
10
1
1
1
1
GI&Base Karongi
8
1
1
1
3
TOTAL
124
45
13
24
41
Needs expressed
92
3
4
59
59
13/11/2008
40
Project Name: Functional Reviews in 16 Public Institutions
4.2 Network security:
Type of access to
the network
Security of
access to the
network
Internet filtering
Protection of
documents
Protection of
access to the
machine
Comments
LAN
yes
Yes
No
No
There is no
protection
system of
documents and
machines. Every
person on
his/her initiative
can create a
password to
protect his/her
documents or
the machine at
his/her disposal
ANNEX 5 : DESCRIPTION OF COMMUNICATION TOOLS
5.1 Analysis of diary management:
Director/SG/Min
Type
of
the
(paper/electronic
diary
Shared with the assistant
Synchronization
collaborator
with
the
Diary shared on the network
Assistant to the SG
Paper and electronic at the same
time
Yes
Yes
HRM
idem
No
Yes
13/11/2008
41
Project Name: Functional Reviews in 16 Public Institutions
ANNEX 6: WORK NEEDED TO IMPLEMENT IMPLEMENTATION OF NEW HRM
PROCEDURES
New management procedures have only been validated so far on a technical level by a small sample of users.
To be applicable, they need to be validated by the political authorities who have to create rules regarding
human resource management that are respected by all those involved in HRM for the State.
The implementation of new procedures should be preceded by training of all users via a process that is jointly
controlled by MIFOTRA and MINALOC.
Finally, the procedures need to be maintained to take into account all possible modifications of working
methods either to improve them in terms of efficacy and reliability, or to take into account new management
methods (computerisation, integration of processes, administrative restructures, changes in management rules
(statute etc…).
In order to achieve this, the following approach is suggested:

Organisation of a presentation and validation workshop for the procedures that are destined for the
principal Ministries concerned: MIFOTRA, MINALOC, MINECOFIN, MOH, MINEDUC and the main public
institutions;

Presentation of the project to the PMO so that they can make a decision on the implementation by
issuing a regulatory text;

Choice of trainers of trainers in each Administration and training of these trainers in the new
procedures;

Creation of a new maintenance structure for procedures within MIFOTRA;

Training of HR managers in all public Administrations and Institutions;

Decision on the implementation of new procedures;

Creation of a special inspection function in order to control the implementation of procedures.
13/11/2008
42
Project Name: Functional Reviews in 16 Public Institutions
ANNEX 7: METHODOLOGY TO REFORM THE INFORMATION SYSTEM
The reform of the information system should be carried out using a methodology based on the development of
documents which will be validated at each step by users.
Computers are a tool at the service of the organisation and related technical documents should therefore be
developed taking into account the specifications of the organisation.
Work on this should be carried out in a participative manner by a project team which brings together specialists
and agents who are chosen for their understanding of the existing system and their ability to adapt to changes.
Documentation will include:




Specification document on the organisation;
Specification document on ICT;
Procedure manuals;
User training supports
Elaboration des cahiers des charges d’organisation :
Development of organisational specification document:
The specification document is aimed at describing in a detailed manner the Information System and the
organisation which supports it.
The information and computer systems are then described on the basis of the organisation specification.
It is necessary to develop an organisational specification for each major management function:
Each will include:







A detailed description of management procedures;
A detailed analysis of the movement of information for each management procedure;
A description of the information supports;
A definition of archiving methods;
Rules for access to and transfer of information;
Detailed rules on the process controls in all their forms;
Volumes of work and processing.
Development of ICT specification document:
ICT specification documents which are developed for each application must define each piece of work
identified that can be carried out using a computer:





The aim;
The volume of work;
The collection of data;
The files of analysis;
The material means and software to be implemented;
13/11/2008
43
Project Name: Functional Reviews in 16 Public Institutions
 The links between information systems.
Choice and implementation of software packages:
ICT specification documents that have been validated will allow the choice of a software package and for the
means of implementation to be established: environment, conditions and modality of maintenance, security
standards and safety measures…
Development of procedure manuals:
Procedure manuals are related to organisational specification documents and they describe the movement of
information by specifying the type of information and the tasks to be completed.
Procedure manuals are written for users.
Each manual includes:





Tables explaining the basic tasks that make up each procedure;
Procedure forms which describe each of the tasks in each management procedure;
Descriptions of the screens the user will see on the computer application;
An example of each information support used;
Forms which explain the role of each person, the order of tasks and a profile of the job.
Training of users on the new method of working and implementation of
new procedures:
 Learning the new management tools;
 Training in new work methods.
13/11/2008
44
Project Name: Functional Reviews in 16 Public Institutions
ABBREVIATIONS
ASI
BTC
CSO
DTC
EDF
EDPRS
EU
FARG
GTZ
Gvt
HCR
ICT
ICTR
JADF or JAF
M&E
MCC
MIFOTRA
MINALOC
MINECOFIN
MINIJUST
MININTER
MIS
MTEF
NEC
NIS
ONG
OPEC
ORINFOR
PAACTR
PACT
PC
PCKC
PRSP
RIAM
RWF
SCJ
SG
TD
UNDP
VUP
WB
13/11/2008
Adam Smith International
Belgian Technical Cooperation
Civil Society Organisation
District and City Court
European Development Fund
Economic Development and Poverty Reduction Strategy
European Union
Funds for Assistance to Genocide Survivors
German Technical co-operation Agency
Rwandan Government
High Court of the Republic
Information and Communication Technology
International Criminal Tribunal for Rwanda
Joint Action Development Forum
Monitoring and Evaluation
Millennium Challenge Corporation
Ministry of Public Service and Labour
Ministry of Local government, Good Governance, Community Development and Social
Affairs
Ministry of Finance and Economic Planning
Ministry of Justice
Ministry of Internal Security
Management Information System
Medium Term Expenditure Framework
National Electoral Commission
National Institute of Statistics
Non-Governmental Organisation
Organization of the Petroleum Exporting Countries
Rwanda Information Agency
Project to Assist the Administration of Courts and Tribunals in Rwanda
Project to Assist Courts and Tribunals
Provincial Court
Provincial and City of Kigali Courts
Poverty Reduction Strategy Paper
Rwanda Institute of Administration and Management
Rwandan Franc
High Council of Justice
Secretary General
District Tribunal
United Nations Development Programme
Vision 2020 – Programme “Umurenge”
World Bank
45