Foundation of Education

Key Unit Competence:

Display commitment to uphold the professional code of ethics for teachers and other public servants in Rwanda.

Introductory activity

In every secondary school in Rwanda, there is an office of Dean of discipline working with matrons and patrons. At classroom level, there are classroom rules set by the teacher together with learners to promote ownership. Among teachers of primary and secondary, there is a committee in charge of discipline. Cooperatives, associations and companies have internal rules and regulations. At national level, many laws, policies and orders were enacted and will be enacted as time goes on. Whoever acts contrary to the laws, rules and regulations is sanctioned.

1. What is the role played by the office of the Dean of discipline in the school?

2. Do you find classroom rules and regulations important? Justify your position

3. We know that all teachers are mature and educated. Why discipline committee among teachers?

4. Why internal rules and regulations in all organizations?

5. Why laws, policies and orders in the country?

6. Have you ever seen or got information about a teacher or other public servant punished?

4.1. Presidential order n045/01 of 30/06/2015 establishing the code of professional ethics for public servants

4.1.1. General provisions and principles of conduct for a public servant at and outside the workplace

Activity 4.1.1

Even though you are trained to be teachers, you are not limited to job of teaching. Apart from educational institutions, you may find yourselves working in other public institutions like district, sector, cell, ministries, parliament, agencies/boards affiliated to ministries, etc. 

What will be your professional behaviors at workplace and outside?

The general provisions and principles of conduct for a public servant at and outside the workplace describe the behaviours and establish the code of professional ethics for public servants. As a future teacher, you are supposed to be aware of this order and to abide by them. This order can be accessed from Official Gazette nº Special of 01/07/2015.

A. General provisions

• Purpose of this Order

Article 1 of this order, provides the purpose this order, which is to establish the code of professional ethics for public servants.

• Scope of application

Article 2 of this order highlights the scope of application of the order: this Order shall apply to public servants except those who are governed by special laws of professional ethics.

• Definitions

The article 3 of this order mentions the meaning of the following terms:

- Bribe: any illegal benefit solicited, promised to get it or received by a person who affirms to exert an influence or acquaintance for another person to make a decision, whether the exerted influence or acquaintance produces expected results or not. It shall also mean the illegal exercise of authority to influence the decision that interests him/her or to deter the decision that affects him/her;

- Professional ethics: good morals, attitudes and behavior that characterize a professional public servant as a holder of public trust. Such conduct must characterize him/her at and outside workplace;

- Service beneficiary: any person from a public institution or not, who seeks a public service from a public servant.

B. Principles of conduct for a public servant at and outside workplace

Various articles of this order describe the principles of conduct for a public servant at and outside workplace. These are the following:

• Compliance with the Constitution, other Laws and Government Programs

This order in its article 4, mentions that a public servant must always respect the Constitution, other laws and public institutions. A public servant must also respect policies and programs of the Government, both at national and local levels. While a public servant on official training or mission abroad, he/she must safeguard good image of Rwanda and refrain from acting contrary to the laws, customs and traditions of the host country.

• Accountability

Article 5 of this order explains that a public servant shall accept and be proud of his/her responsibilities. He/she must be personally responsible for his/her actions or inactions and must always provide explanations when called upon to give reasons for the decisions or actions he/she has taken. A public servant shall avoid being a rubberstamp, which means a person who does not have principles, always follows decisions of others, and follows whatever is appropriate or not; makes no analysis to make his/her own decision. A public servant must also be a careful person by making follow up over undertaking and implementation of instructions. Before taking a decision, he/she must make analysis and consider such decision consequences.

• Impartiality, objectivity and transparency

Article 6 of this order says that a public servant shall treat all persons he/she interact with in a fair and unbiased manner, regardless of gender, race or ethnic group, origin, religion, political affiliation or any other ground of discrimination. A public servant shall make choices based solely on merit. He/she shall also be honest and as open as possible about all the decisions and actions he/she takes.

• Decency and integrity

Article 7 of this order shows that a public servant must present himself / herself in a respectable manner that generally conforms to morally accepted standards and values of Rwandan society such as avoidance of prostitution, drunkenness, telling lies, provocation, defamation and contempt against a superior. A public servant must refrain from any form of abuse of position or usurpation of duties, titles or uniform with intent to mislead the public or on detriment of public interest.

• Zero tolerance to corruption, rape and sexual harassment

Article 8 of this order stipulates that a public servant must refrain from any act of corruption and bribery in his/her service and elsewhere. He/she must report to the competent authority any incident of corruption. A public servant must always avoid any act that may cause another person to engage in a nonconsensual sexual intercourse by using force, order, threat or trickery. He/she must avoid any harassment for the purposes of his/her sexual pleasure.

Application activity 4.1.1

1. Answer by true if the statement is correct and by false if the statement is wrong.

a. Some kinds of corruption are tolerated while others are not.

b. Outside of the workplace especially in weekend, public servant is allowed to engage in practices like prostitution and drunkenness.

c. A public servant should not respect the constitution and other laws; she/he only respects the presidential order establishing the code of professional ethics for public servant.

d. The teachers are not concerned with the presidential order establishing the professional ethics for public servants.

e. Presidential order n045/01 of 30/06/2015 establishing the code of professional ethics for public servants shall only apply to all public servants except those who are governed by special laws of professional ethics.

f. Professional ethics means good morals, attitudes and behavior that characterize a professional public servant as a holder of public trust. Such conduct must characterize him/her only at workplace.

g. Public servant shall offer services based solely on relations not on merit.

2. For any country to develop, any public servant should be accountable. Explain this affirmation with some arguments.

4.1.2. Conduct at workplace

Activity 4.1.2

Suppose you are a worker in a given institution and you come very late because of other duties you were assigned by your superior. Reaching your office, you find many people in front of your office waiting for various services but wondering why you are late. 

What will you do to calm the situation and maintain your reputation?

A. Work ethics

Different articles of this presidential order, describe the conduct of public servant at workplace as follow:

• Attendance to duty

Article 9 of the above order, stipulates that a public servant must be at work during the working days and hours provided by the laws. A public servant must not come late to office meeting or office functions without reasonable and timely communicated reason. A public servant must first seek and obtain permission from his/her supervisor to be absent from duty.

• Time management and consciousness

Article 10 of this order, mention that a public servant shall always use working hours for official duties. He/shall strive to be results oriented in performance of duties and endeavor to promptly finalize files under his/her responsibility. A public servant must desist from engaging in behavior that disrupts with his/her work or other workmates, such as:

- Reading newspapers at all times, keeping the radio on higher volume, plating computers games or surfing the internet irresponsibly;

- Transacting private business during office hours;

- Engaging in private conversation and gossip (rumor) during working hours;

- Making noise in the offices and corridors during working hours.

• Devotion and serving the public interest

Article 11 of this order, explains that a public servant must be devoted to the public service. He/she shall not put his/her own interest before the public interest and should not take decisions in order to gain financial and other personal benefits.

• Professionalism

Article 12 of this order says that a public servant must respect and uphold all norms and standards of good performance of duties and responsibilities he/she is entrusted with by applying the required skills, competences and good character.

• Efficiency and effectiveness

The article 13 of this order explains that a public servant must make optimum use of resources to achieve the objectives of the institution. A public servant must strive to achieve the intended results in terms of quality and quantity in accordance with set targets and performance standards set for service delivery.

• Customer care

Article 14 

of this order declares that a public servant must receive and serve service beneficiaries with a warm welcome, promptness, respect and good manners with a view to ensuring service beneficiary satisfaction and enhancing the image of his/her Institution. A public servant must:

- Serve every service beneficiary in kind manner;

- Serve all beneficiaries of services equally;

- Manifest courtesy (politeness), empathy and fairness to all service

beneficiaries with special attention to persons with disabilities, the old persons, sick and expectant mothers;

- Uphold teamwork by making consultations where necessary, to promote service delivery.

• Effective management of resources

The article 15 of this order mentions that a public servant shall be accountable

for all resources under his/ her competence as follows:

As regards financial and property management, a public servant must:

- Ensure proper utilization of public funds and value for money;

- Safeguard public assets entrusted to him/her and ensure that no damage, loss or misuse occurs.

As regards human resources management, a public servant must:

- Ensure that staff under his/her supervision understand well and comply with their job descriptions and understand the scope of their work;

- Support all staff under his/her supervision to enhance their competencies and professional self-development;

- Ensure respect for his/her subordinates.

• Effective communication

Article 16 of this order underlines that a public servant shall ensure effective and consistent communication with his/her colleagues and his/her superiors in a bid to promote the organizational efficiency. A public servant must report to his/her supervisor about the meeting proceedings in which he/she represented his/her institution.

• Professional secrecy

According to the article 17 a public servant must:

- Keep secret information gained during the course of his/her duty in the

Public Service in accordance with applicable laws;

- Not publish any official information in any document, article, book, play, film or otherwise without explicit permission from the superior.

• Continuity of public service

The article 18 in this order highlights that a public servant ordered or intending to be out of office for leave, mission, training, suspension, termination of employment or any other reason shall before his/her departure, transfer any pending matter to another public servant as may be approved by his/her supervisor, to ensure that public service is continuously delivered without loss or interruption caused by his/her absence. A public servant taking over responsibilities must ensure good performance of functions taken over and deliver related services as usual.

• Decent dressing and service card

Article 19 of this order says that, at the work place, a public servant must dress in a decent manner and always wear his/her service card. Where she/he is employed in a uniformed service, a public servant must wear the uniform during working hours.

B. Ethics of a public servant vis-à-vis service beneficiaries

Article 20: Relations to service beneficiaries

Vis-à-vis service beneficiaries, a public servant must:

- Respond with promptness and clarity to questions and requests addressed to him/her.

- Files must be finalized within the timeframe fixed by his/her institution;

- Conduct him/her in a manner that maintains the trust of the public in state institutions;

- Answer politely telephone calls and help the caller or direct him/her to the competent agent if he/she is not competent to answer the query;

- When a service beneficiary is present, the priority of the public servant should be to serve him/her and should politely interrupt any phone calls or other occupations.

C. Ethics of a public servant vis-à-vis supervisors

To maintain a good relations his/her supervisor, the article 21 explains that a public servant must:

- Profess discipline and respect;

- Perform his/her duties according to the directions from the supervisor;

- Take initiatives falling under the scope of his/her onus and discuss them with supervisors;

- Consult with their supervisors in implementing challenging tasks;

- Inform the new supervisor about any pending matter for continuity of services.

D. Ethics of a public servant vis-a-vis subordinates

Article 22 of this order, says that, vis-à-vis his/her subordinates, a public

servant must do the following:

- Give a good example by hardworking and exhibiting good conduct in accordance with the provisions of this Order;

- Know and comply with or enforce the rights of his/her subordinates;

- Ensure objective assessment of his/her subordinates;

- Offer his/her subordinates equal treatment and equal training opportunities;

- Promote professionalism of his/her subordinates and motivate them to take initiative;

- Call regular meetings with his/her subordinates to discuss work matters.

E. Ethics of a public servant vis-à-vis colleagues

To have effective relations with colleagues, article 23 of this order mentions that a public servant must:

- Behave politely and honestly regardless of their religion, sex, disabilities, region or any discriminatory ground;

- Not obstruct by any means the effectiveness of their colleagues;

- Not interfere with their private lives;

- Offer his/her knowledge and experience, when asked by colleagues of the same or another service.

Application activity 4.1.2

At the beginning of each year every employee signs a performance contract that he/she accomplishes throughout the year. At the end of the year, the employer evaluates how each employee achieved his/her duties and responsibilities in the institution for future promotion.

If you are employer, create a checklist to evaluate your employees’ performance at the end of the year. Use a tick for Yes and a cross for No.

4.1.3. Avoiding conflict of interest and obligations to respect the code of ethics

Activity 4.1.3

In your TTC, you have school rules and regulations that specify what you are allowed to and what you are not allowed to do.

What are you allowed to do and what are you restricted from?

• Avoiding conflict of public and personal interests

To avoid conflict of public and personal interests, the article 24 of this order underlines that a public servant must:

- Not be permanently employed on two or more permanent job positions under statute in public service;

- Not use his/her position to advance his/her private interests or those of a family member, relative, friend, business associate, or organization with which she/he is affiliated or connected to through a relative;

- Not participate in paid or unpaid activity that may detract him/her from the judicious performance of his/ her official duties;

- Inform timely his/her superior a case likely to cause conflict of interest.

• Gifts

The article 25 of this order, says that a public servant shall not solicit or accept any gift offered because of his/her official position, except for the following purposes:

- Safeguarding the good image of the Country;

- Adhering and respecting foreign culture;

- Reciprocating the given offer;

A public servant who receives a gift shall with a submission letter, deliver it to his/her working institution. The institution shall make transfer or use it in accordance with relevant laws. If the gift is meant for personal use, a public servant may keep it for him/herself upon approval of the head of his/her institution.

• Conduct after service

The article 26 in this order says any person leaving public service shall keep safeguard good image of the public service and should not benefit from his/her former status as public servant. Any person leaving public service shall keep professional secrecy in accordance with relevant laws.

• Respect of this Order

The article 27 of this order highlights that every public servant governed by this Order, has the obligation to respect its provisions in all circumstances. A public servant has the right to defy orders received from his/her superior authority if the orders constitute a manifest violation of this Order. He/she shall, in a polite manner and immediately, provide the superior with reasons as to why he/she is defying from those instructions. Where a public servant is being forced or threatened to act in any way which is contrary to this Order, he/she shall refrain and report the matter to the next line manager.

• Sanctions

The article 28 of this order says that without prejudice to the provisions of the penal code, a public servant who fails to abide by the provisions of this Order shall be punished in accordance with the provisions of the Presidential Order determining modalities of imposing disciplinary sanctions to public servants.

Application activity 4.1.3

1. Answer by true if the statement is correct and by false if the statement is wrong

a. A public servant who fails to the presidential order establishing professional ethics for public servant in Rwanda will be punished in accordance to ECD education policy.

b. Every public servant is obliged to respect all things told by his/her superior even those which are contrary to the presidential order establishing professional ethics for public servants in Rwanda.

c. When you get a job, you should first satisfy your interests before those of others.

d. When you have left the job due to your personal reasons, you can share the secrets of that job with whoever.

e. Sometimes the gift you can receive from service beneficiaries while at workplace can be seen as corruption.

2. Suggest cases that can lead to punishments for a public servant.

4.2. Presidential order no 064/01/ of 16/03/2020 establishing special statutes governing teachers in nursery, primary, secondary and Technical and Vocational schools

4.2.1. General provisions

Activity 4.2.1

Suppose you are owner of a private pre-primary school and you want to make your school excellent. Which values do you want in your teachers?

A. General provisions

• Purpose of this order

Article 1 of this order says that, this Order governs working relations between a teacher in nursery, primary, secondary and technical and vocational education and training (TVET) and his/her employer.

• Scope of application

Article 2 of this order mentions that this order applies to teachers of public and government subsidized as follows:

- Teachers of nursery schools;

- Teachers of primary schools;

- Teachers of secondary schools;

- Teachers of technical and vocational schools below the level of higher education.

B. Definition of terms

Article 3 of this order, provides the definitions for the following terms:

- Teacher: a person who teaches in nursery, primary, secondary and

technical and vocational schools below the level of higher education. It means also the Head teacher and the deputy Head teacher of a school.

- Promotion of a teacher: promotion to a directly higher grading in the job after fulfilling the eligibility requirements.

C. Categories of teachers

Article 4 of this order specifies the categories of teachers of nursery schools as follows:

- Category one: Junior Nursery Teacher;

- Category 2: Nursery Teacher;

- Category 3: Senior Nursery Teacher;

- Category 4: Principal Nursery Teacher;

- Category 5: Senior Principal Nursery Teacher;

- Category 6: Master Nursery Teacher.

Article 5 of this order presents the categories of teachers of primary schools as follows:

- Category one: Junior Primary Teacher;

- Category 2: Primary Teacher;

- Category 3: Senior Primary Teacher;

- Category 4: Principal Primary Teacher;

- Category 5: Senior Principal Primary Teacher;

- Category 6: Master Primary Teacher.

The article 6 mentions the categories of teachers of secondary schools in the following ways:

- Category one: Junior Secondary Teacher;

- Category 2: Secondary Teacher;

- Category 3: Senior Secondary Teacher;

- Category 4: Principal Secondary Teacher;

- Category 5: Senior Principal Secondary Teacher;

- Category 6: Master Secondary Teacher.

While article 7 categorizes TVET trainers as follow:

- Category one: Junior TVET Trainer;

- Category 2: TVET Trainer;

- Category 3: Senior TVET Trainer;

- Category 4: Principal TVET Trainer;

- Category 5: Senior Principal TVET Trainer;

- Category 6: Master TVET Trainer

D. Grads of categories of teachers

The article 8 of this order highlights the grades of the categories of teachers.

These are the following:

- The first category comprises one (1) grade; Grade II;

- The second category comprises two (2) grades; Grade III and Grade IV;

- The third category comprises two (2) grades; Grade V and Grade VI;

- The fourth category comprises two (2) grades; Grade VII and Grade VIII;

- The fifth category comprises two (2) grades; Grade IX and Grade X;

- The sixth category comprises two (2) grades; Grade XI and Grade XII.

Article 9 of this order provides the placement at the category of Junior teacher:

It says that newly recruited teacher is placed at the category one of Junior teacher at grading II.

Article 10 specifies the requirements for placement at the category of Junior

teachers in these words: For a teacher to be placed in the category of Junior

teacher, he/she must meet the following conditions:

- He/she has successfully completed probation period;

- He/she has been awarded a Teaching Licence.

Article 11 of the same order stipulates that a teacher is promoted in grades of a category when he/she fulfils the following conditions:

- he/she has completed three (3) years of teaching experince in the grade;

- perfomance evaluation conducted each year while in grade shows that he/she is competent and scored at least 80% every year during three (3) consecutive years.

Article 12 expalins that a teacher is promoted to a higher category when he/she fulfils the following conditions:

- He/she has completed three (3) years of teaching experince in the current grade;

- Perfomance evaluation conducted each year while in grade shows that he/she is competent and scored at least 80% every year during three (3) consecutive years;

- He/she has successfully completed Continuing Professional Development (CPD) courses in teaching career.

The article 13 of this provides special category of honorary teacher. It says that the Minister in charge of education may promote a teacher who has met requirements in the special category of honorary teacher. The article 14 of the same order mentions the requirements for promotion to the special category of honorary teacher. It says a teacher is placed in the category of honorary teacher category if he/she fulfills the following conditions:

- He/she has been admitted to retirement as a teacher in the category of Master teacher;

- He/she has never been subject to any administrative sanction or penalty;

- He/she has demonstrated outstanding performance recognized by the Ministry in charge of education.

In the same context, article 15 the way the publication of names of teachers promoted to the special category of honorary teacher. It makes clear that the names of a teacher promoted to the special category of honorary teacher are posted on the website of the Ministry in charge of education. The article 16 of the order specifies the benefits allocated to a teacher promoted to the category of honorary teacher. For it a teacher who has been promoted to the category of honorary teacher is entitled to the following benefits:

- A medal of merit;

- A Certificate of merit;

- Any other awards determined by the Ministry of Education.

Application activity 4.2.1

1. The presidential order establishing special statutes governing teachers in nursery, primary, secondary, Technical, and Vocational schools was put in place. What do you think are the advantages of putting teachers in different categories?

2. What are the requirements for any teacher to be promoted?

4.2.2. Teachers’ recruitment and appointment

Activity 4.2.2

During its first step of preparing and conducting recruitment exams of teachers, MINEDUC with its agencies collaborated to make the process effective and trustworthy. This has been done a long time with the districts without collaborating with MINEDUC. MUHIRE who sat for this job exam passed it with 79.5% in teaching Mathematics in Kamonyi district. At the beginning of 2020 academic year, he was appointed to one of secondary school which is in Kamonyi district. The mayor of the district wrote to him a provisional appointment letter and he will get final appointment letter after serving 12 months which is equal to an academic year and pass performance assessment which shows that he is competent at his job. KAYITESI who sat also for primary teachers’ exam got 70.5% and is pending on the list because the candidates who passed exam were many with high marks and the district has few posts for primary schools. She still has a hope as waiting list will have value for 6 months. Both are professional teachers as they studied teaching.

1. Think of any three requirements that MUHIRE and KAYITESI fulfilled for being eligible to apply for a teaching job.

2. Why do you think that KAYITESI did not immediately get a job?

3. How long should MUHIRE spend teaching before getting a final appointment letter?

4. Referring to the story, state one requirement that MUHIRE is requested to fulfill in order to get a final appointment letter.

5. How long does the waiting list last before being expired?

A. Teacher’s recruitment

• Responsible institutions

The article 17 of this order shows the institutions in charge of teachers ‘recruitment and appointment’. It says that a teachers’recruitment and appointment is jointly done by the following institutions:

- The City of Kigali and a District of Province;

- The Ministry in charge of education through its affiliated agencies;

- The Ministry in charge public service.

• Responsibilities of each institutions (Article 18, 19 and 20)

City of Kigali and a District of Province

In the process of recruitment and appointment of teachers, the City of Kigali and a District of Province have the following responsibilities:

- To make list of all teaching positions in the City of Kigali and a District of Province, which need to be provided with teachers;

- To submit to affiliated agencies of the Ministry in charge of education the list of teaching positions that need to be provided with teachers, with a copy to the Ministry in charge of education;

- To appoint the successful candidates in accordance with the placement list published by agencies affiliated to the Ministry in charge of education;

- To ensure induction and mentorship for newly recruited teachers.

Ministry in charge of education

In the process of teachers’recruitment and appointment, the Ministry in charge of education through its affiliated agencies, has the following responsibilities:

- To publish a list of all teaching positions available in nursery, primary, secondary, and TVET schools through the public service e-rectruitment portal;

- To shortlist applicants who fulfil the potofolio requirements;

- To set and to conduct recruitment exams;

- To publish results of exams;

- To submit to the Ministry in charge of public service a list of successful candidates to be kept inthe public service e-recruitment portal;

- To submit to the City of Kigali and a District of Province a list of newly recruited teachers to be appointed and placed in accordance to the teaching vacant positions earlier submitted by the City of Kigali and a District of Province.

Ministry in charge of public service

In the process of recruitment and appointment of teachers, the Ministry in charge of public service has the following responsibilities:

- To manage the process of teachers’ recruitment and appointment through the public service e-recruitment portal;

- To maintain, for a period of 24 months, a valid database of all successful candidates who are eligible for appointment and placement in case a vacant position is reported during that period.

• Announcement of vacant post, shortlisting and publication of candidates (Article 21, 22)

About announcement of vacant posts the article 21 specifies that the Ministry in charge of education advertises vacant posts through the public service e-recruitment portal. The announcement must contain the following details: Job position title, requirements of the job position and the closing date of submission of application file.

The article 22 shows that shortlisting and publication of candidates is done in this way:

- The Ministry of Education through its implemeting agencies publishes the list of admitted candidates for examination and non-admitted and the reasons for non-eligibility.

- The list shall be published through e-recruitment portal.

- The pre-selection of candidates, examinations, publication of the results and the appointment of teachers must not exceed the two-month period (2) counted from the deadline for submitting application for employment.

• Examination process and language of examination

Article 23 and 24 desribe examination process and language of examination in this way:

- The shortlisted candidates are informed on the date, time and venue for the exam. Examination is conducted on a working day and during working hours, and only a written exam is taken.

- The examination of teachers of nursery and lower level of primary schools is prepared and conducted in Kinyarwanda.The examination of teachers of language subjects is prepared and conducted in the language they must teach.The examination of all other teachers is prepared and conducted in English.

• What are the requirements for recruitment of head teacher and deputy head teacher in charge of studies or deputy head teacher in charge of discipline?

Article 25 of this order says that the Head teacher is recruited when he/she fulfills the following requirements:

- He/she is at least in the third category of teachers or trainers in the respective level of formal education he/she is working in;

- He/she has outstanding performance;

- He/she has integrity and moral values;

- He/she has outstanding professional ethics.

Article 26 stipulates that the Deputy Head teacher in charge of studies or the Deputy Head teacher in charge of discipline is recruited when he/she fulfills the followingrequirements:

- he/she is at least in the second category of teachers or trainers in the respective level of formal education he/she is working in;

- he/she has outstanding performance;

- he/she has integrity and moral values;

- he/she has outstanding professional ethics.

In the same context, article 27 mentions the committee in charge of recruitment of Head teachers and Deputy Head teachers. It explains that the Head teacher or Deputy Head teacher is recruited among teachers, at the country level, by a Committee that is composed by experts from agencies affiliated to the Ministry in charge of education, the City of Kigali and a District of Province. Instructions of the Minister in charge of education determine modalities for appointment of members and functioning of the Committee.

B. Appointment of teachers

• Responsible institutions

Before appointment, a teacher must submit to the City of Kigali or a District of Province the documents such as, detailed curriculum vitae, a photocopy of identity card or passport, a certified copy of degree or certificate, a passport photo in color, a criminal record and a medical certificate.

Article 29 of this order mentions that the Mayor of the City of Kigali or a District of Province appoints teachers in accordance with the list transmitted by the Ministry in charge of education.

Article 30 of the same order declares that short listing of candidates, conducting examinations, publication of results and appointment of teachers must not exceed sixty (60) days starting from the closing date of submission of applications.

• Taking Oath for Teachers

i) Taking oath

Article 31 of this order stipulates that before starting his/her job; every teacher must take oath before the Executive Secretary of the Sector where the school to which the teacher is appointed, is located. The oath is the following:

“I,,..................................................................

Solemnly swear to the Nation:

1. To fulfill my educational duties with dedication:

2. To remain loyal to the Republic of Rwanda;

3. To uphold the Constitution and other laws;

4. To commit myself to strengthening unity of Rwandans;

5. To perform my educational duties without discrimination of whatever kind;

6. Not to use my educational position for personal motives;

7. To comply with professional ethics;

8. To be committed to respect of freedom and basic human rights in general and rights of children in particular and common interests of Rwandans. 

Shall I fail to honour this oath, may I face the rigours of the law. 

So help me God”.

A teacher must sign his/her oath immediately after taking it.

ii) Modalities of taking oath (Article 32)

- A teacher takes oath by holding the National Flag with his/her left hand while raising the right hand with a stretched palm.

- A teacher with disability which does not enable him/her to hold the national flag wears the flag.

- If a teacher who took oath at the time of starting his/her duties is appointed to another public institution, he/she does not take oath unless he/she is appointed as a higher official or appointed in organs where staff members are governed by statutes other than the present one.

• Teacher probation

i) Probation period (Article 33)

- Every newly appointed teacher is subjected to a probation period of twelve (12) months where his/her immediate supervisor evaluates his/her performance in terms of his/her professional capacities, qualities and behaviours.

- When a teacher starts the probation period, he/she must be informed, in writing, of his/her responsibilities and duties, by the competent authority.

- A teacher on probation enjoys the same rights as any other teacher who successfully completed the probation.

- A teacher, who has successfully completed probation period, shall no longer be subjected to a new probation, when he/she is employed as a teacher elsewhere.

ii) Teacher support during probation period

Article 34 says that a teacher on probation is given opportunity and support to develop his/her professional capacity through the following way:

- his/her immediate supervisor must team up the teacher on probation with a teacher or teachers highly experienced in subject (s) taught by the teacher on probation or his/her administrative duties, in order for them toassist him/her to effectively use tools put at his/her disposal to fulfill his/her responsibilities and to build self-confidence;

- A teacher or teachers with the responsibility of assisting the teacher on probation write termly reports on his/her performance, which highlight the progress made by the teacher on probation in fulfilling his/her responsibilities and advice given to him/her on perfecting performance.

iii) Completion of the probation period

The article 35 of the same order says that at the completion of the probation period, performance of the teacher is assessed by the competent authority. 

If performance assessment is successful, the competent authority who provisionally appointed the teacher is notified, in writing, for issuing a definitive appointment.

If the assessment shows that the teacher on probation is incompetent, the evaluator informs the appointing authority recommending the teacher’s removal from office.

However, the appointing authority may order to retake the probation for a period not exceeding twelve (12) months due to clear and convincing reasons.

In the same context, article 36 announces that a teacher who is not satisfied with the performance assessment may appeal in writing, at first instance, to the appointing authority within a period not exceeding fifteen (15) working days after being informed of the decision taken against him/her.

The authority appealed to must respond in a period that does not exceed fifteen (15) working days from the date of reception of the appeal.

If a teacher is not satisfied with the decision taken, he/she may appeal in writing, in the last instance, to the organ in charge of appeal in public service within five (5) working days from the date of notification of the response.

Application activity 4.2.2

1. What roles does the Ministry in charge of public service play in teacher’s recruitment?

2. How does a teacher on probation get support and opportunity to develop his/her professional capacity?

3. Analyze the following letter that the Mayor of one of the districts in Rwanda wrote to Musengamana Violette (Not a real name) after she has passed a job examination and answer the questions that follows.

a. Mention 3 documents that Musengamana needs to submit to the district in order to start receiving her salary.

b. Whom do you think should be informed according to the letter?

c. Which body is in charge of conducting teachers’ job examinations?

4.2.3. Statutory position of a teacher

Activity 4.2.3

A teacher is a member of a community in which she/he lives as other members. Apart from teaching profession, teachers may hold other functions in the community based on how he/she is admired by the community members.

1. Suggest the positions that a teacher may hold in the community.

2. Do you think that other functions that a teacher may exercise in the community will hinder his/her teaching activities?

The article 37 mentions that a teacher may be:

- in service;

- on transfer;

- on secondment;

- on suspension of duties;

- on leave of absence for a specific period

A. Status of a teacher in service

Article 38 of the same order explains that a teacher is in service if he/she occupies a job position to which he/she was appointed and performs his/her duties. A teacher is also considered to be in service when on (1) leave, (2) on official mission, (3) pursuing a capacity development program, (4) in itorero ry’Igihugu and (5) in national service.

• Types of leave (Article 39)

i) Annual leave (Article 40) : A teacher is entitled to an annual leave of thirty (30) calendar days taken during school holidays. The instructions of the Minister in charge of education determine the period of annual leave for teachers. However, the Head Teacher and the Deputy Head Teacher may not take their annual leave at the same time.

NB: During school holidays, institutions in charge of education may assign to teachers various tasks pertaining to the development of education.

ii) Incidental leave (Article 42): An immediate supervisor grants incidental leave to a teacher in case of fortunate or unfortunate event that occurs in his/her family as follows:

- Two (2) working days in case of his/her civil marriage;

- Four (4) working days in case of delivery of his wife;

- Five (5) working days in addition to days provided in case of complication related to his wife’s delivery;

- Seven (7) working days in case of death of his/her spouse;

- One (1) month in addition to days provided for in point 2o of Paragraph One of this Article in case his wife dies while leaving a baby of less than three (3) months;

- Five (5) working days in case of death of his/her child or adoptive child;

- Four (4) working days in case of death of his/her father, mother, father-in law or mother-in-law;

- Four (4) working days in case of death of his/her brother or sister;

- Three (3) working days in case of death of grandfather or grandmother;

- Three (3) working days in case of his/her transfer in distance of more than thirty (30) kilometers from his/her usual place of work.

Note: A teacher on circumstantial leave continues to receive his/her salary and fringe benefits.

iii) Maternity leave: A female teacher who gives birth has the right to maternity leave of twelve (12) consecutive weeks including two (2) weeks she may take before delivery. A female teacher who wishes to take her maternity leave submits to her immediate supervisor a certificate issued by a recognized medical doctor. A female teacher who gives birth to a still-born baby or whose new-born dies before one (1) month is entitled to a leave of four (4) weeks from the date of birth of the still-born baby or of the date of death of the new-born.

Additional leave in case of complications related to delivery

In case of complications related to delivery, an employer grants the mother an additional paid leave not exceeding one (1) month. A recognised medical doctor issues a certificate attesting that there have been complications related to delivery prior to the grant of the additional leave.

Maternity leave benefits

- Maternity leave benefits are granted in accordance with relevant laws.

Breastfeeding period (Article 47) : During twelve (12) months, after maternity leave, a female teacher who gives birth is entitled to breastfeeding time of one (1) hour per day, taken during working hours.

Coincidence of leave (Article 46): Without prejudice to the Article 42 of this Order, when annual leave coincides with incidental leave or maternity leave, the annual leave is suspended and resumes after the circumstantial leave or maternity leave.

iv) Sick leave

Short-term sick leave (Article 48): An immediate supervisor grants to a teacher a short-term sick leave not exceeding fifteen (15) days for reasons of sickness ascertained by a recognised medical doctor.

Long-term sick leave (Article 49)

An immediate supervisor grants to a teacher a sick leave exceeding fifteen (15) days but not exceeding six (6) months upon presentation of a medical report issued by a committee of three (3) recognized medical doctors in Rwanda or a medical report issued by a recognized doctor abroad attesting that the teacher is unable to work. The authority of the City of Kigali or the District of Province is informed about. A teacher who is granted a long-term sick leave is entitled to his/her full salary during the first three (3) months and two-thirds (2/3) of the salary for other three (3) months.

At the end of a long-term sick leave, a teacher returns to work and resumes duties after presenting to the competent authority a medical certificate issued by a recognized doctor ascertaining that he/she is physically and mentally able to resume work.

If a teacher is not able to resume work after the expiry of the long sick term leave period, he/she is removed from office by the authority who appointed him/her.

iv) Authorised absence (Article 50)

For justified reasons, an immediate supervisor may grant to a teacher a written authorised absence from work for one (1) day maximum not deducted from annual leave. 

However, the immediate supervisor does not grant an authorised absence for more than ten (10) days per year.

Official mission: A competent authority may send a teacher on official mission within or outside the country in the interest of service, in accordance with relevant laws.

Capacity development

A teacher has the right and the duty to undertake capacity development programs to improve his/her expertise and knowledge, in accordance with relevant laws.

Continuing Profession Development (CPD) Courses for teachers or trainers are organised in the following subjects:

- Pedagogical and Instructional CPD Course;

- Measurement and Assessment CPD Course;

- Inclusive Education CPD Course;

- Guidance and Counseling CPD Course;

- Integration of ICT in Teaching and Learning Course;

- Self-awareness and Values Formation CPD Course;

- Mentoring and Coaching CPD Course.

Institutions in charge of education have the responsibilities for budgeting, coordinating, planning, and leading, monitoring and evaluating the outcome of CPD courses offered.

B. Status of a teacher on transfer

Request for transfer

A teacher may apply in writing to the Mayor of Kigali City or a District of Province, for transfer from one school to another without changing the grade of his category.

When a teacher wishes to apply for transfer from the City of Kigali or a District of Province to another, he/she must submit the following:

- A request letter addressed to the Mayor of the City of Kigali or a District of Province of origin. The request must be filed at least one (1) month before the end of the current school year;

- A proof that he/she has scored at least 80% during performance evaluation of the school year during which he/she is applying for transfer;

- A declaration of the teacher’s good conduct at work issued by the Sector Inspector after consultation with the Head teacher of the school where the applicant is working;

- A declaration by the Mayor of the City of Kigali or a District of Province of destination, which certifies that there is a vacant position in the school that the applicant would like to join;

- A declaration by the Head teacher of the school of origin, which certifies that the departure of the teacher will not leave any gap.

In the interest of service, the Mayor of the City of Kigali or a District of Province may transfer a teacher, without his/her request, to another school located in the City of Kigali or the same District of Province.

Expenses related to transport in case of teacher’s transfer initiated by the employer are borne by the employer. The Minister in charge of education determines the amount and modalities for allocation of the fees.

A teacher cannot be transferred from the City of Kigali or a District of Province to another before the end of the school year. However, a teacher may be transferred by the Mayor of the City of Kigali or a District of Province in the course of the school year, without his/her request, in the interest of service.

A teacher who is transferred retains his/her right to the grading previously held depending on his/her professional experience and performance. A teacher cannot be transferred before the end of the probationary period.

C. Status of a teacher on secondment

A teacher is on secondment when he/she, in the interest of service, is temporally

assigned to work for:

- another public school;

- a subsidized school;

- a Government project or programme.

The secondment is decided in writing by the Mayor of the City of Kigali or a District of Province where the teacher is working after consultation with the Minister in charge of education. The seconded teacher is governed by laws governing the institution to which he/she is seconded. The seconded teacher receives a salary, fringe benefits or both, from the receiving institution.

The duration of secondment is determined by the seconding authority.

If secondment ends, not subjected to faults committed by the seconded teacher, he/she returns to his/her original school and the period of secondment is taken into consideration in his/her promotion.

If secondment ends, subjected to faults committed by the seconded teacher, the seconding institution assesses the faults committed and decides upon the case after consultation with the Minister in charge of education.

D. Status of a teacher on suspension of duties

• Reasons

A teacher is suspended from duties if:

- He/she is provisionally detained for a period exceeding fifteen (15) days;

- He/she is subject to disciplinary proceedings for a fault that may lead to a sanction of the second category if:

- The provisional suspension is the only way to prevent the suspected teacher from disposing of evidence or exerting pressure on witnesses;

- The serious nature of the disciplinary fault, circumstances under which it was committed or the level of harm caused may undermine the image of the employing school in case he/she is not suspended;

The teacher referred is provisionally suspended by the immediate supervisor or by the Education Inspector of Sector where the school in which the teacher works is located.

• Rights to salary of a teacher provisionally suspended from duties

The salary of a teacher continues to be calculated and retained for the teacher during the period of suspension. If the teacher is acquitted or found innocent of the disciplinary fault, he/she receives the salary retained for him/her. If that teacher is convicted or sanctioned for a disciplinary fault, he/she loses the right to his/her retained salary.

• Duration of provisional suspension from duties

The duration of provisional suspension of a teacher does not exceed six (6) months. (Article 41)

• End of provisional suspension from duties due to detention

A teacher provisionally suspended from duties due to provisional detention resumes work, if, before six (6) months, he/she:

- Is provisionally released;

- Is acquitted;

- Is sentenced to a suspended penalty of imprisonment term of less than six (6) months and

- He/she is not in the jail.

E. Status of a teacher on leave of absence for a specific period

• Reasons

Leave of absence for a specific period is a situation where a teacher is authorised to stop working for a specific period due to one of the following reasons:

- to provide care to his/her sick spouse, parent, child, sister or brother for a period not exceeding three (3) months which may be renewed once upon justifiable reasons provided for by the teacher on due time;

- to accompany his/her spouse who moves abroad due to work related reasons for a period not exceeding one (1) month;

- any other reason approved by the Minister in charge of education upon request of the teacher through the Mayor of the City of Kigali or a District of Province employing him/her. The granted period cannot exceed three (3) months.

• About salary during leave of absence for a specific period

A teacher authorised for leave of absence for a specific period is not entitled to his/her salary and other fringe benefits.

• End of period of leave of absence

When the period for leave of absence for a specific period ends, the teacher resumes his/her duties.

 A teacher who does not resume his/her duties after the expiry of the period is presumed to have deserted his/her position.

• Modalities for leave of absence for a specific period

- A teacher requests in writing the leave of absence for a specific period to the appointing authority and the teacher is given an acknowledgment of receipt.

- The appointing authority may not grant to a teacher a leave of absence for a specific period in the interest of the service.

- A teacher who requests for leave of absence for a specific period continues to fulfil his/her duties until the response to his/her request is given.

- However, if fifteen (15) days, from the receipt of the request by the appointing authority, expire with no written response to the teacher, the leave of absence for a specific period is considered as granted.

Application activity 4.2.3

1. Here below there is a list of statements related to in service teacher. Write yes, if the statement is correct and no if the statement is incorrect.

a. The district may transfer a teacher to another school without his/her request.

b. The teacher may be sent on training courses within or outside the country in his/her own interest.

c. Teacher cannot be sent on mission because students can miss classes in his/her absence.

d. The teacher may be sent on training courses within or outside the country in his/her own interest.

e. Teacher cannot be sent on mission because students can miss classes in his/her absence.

f. In maternity leave of three months, female teachers continue to get their full salary.

g. Female teachers do not have right to the annual leave because they have right to maternity leave.

h. All experienced teachers are in the category of “master teachers”.

i. To be professional teacher requires commitment toward teaching career.

j. A teacher who spends the whole year on official mission cannot get the salary.

k. In the same school, it is better for head teacher and deputy head teacher in charge of studies to take the annual leave at the same time.

2. In which situations a teacher is allowed not report himself/herself at school?

3. Propose the factors that may lead to a teacher to have a leave.

4.2.4. Temporary replacement of a teacher

Activity 4.2.4

Teacher MUNYANA has given birth at the beginning of third term. She requested for a maternity leave by writing a letter to her Head Teacher and attached a birth certificate of her baby. Her Head Teacher MUGABE gave her two months and told her that she must immediately report back to work after these two months. Head teacher arranged the class of MUNYANA by giving KAGABO the extra working hours to compensate the periods of MUNYANA who teaches Social Studies in P3 and P5.

1. According to the story, how did the Head teacher violate the right of MUNYANA to a maternity leave?

2. Explain the process of applying for maternity leave and duration of maternity leave.

3. Was it fair to give all periods of MUNYANA to KAGABO?

4. How would you advise the Head teacher to compensate the periods  of MUNYANA?

• Circumstances of temporary replacement of the teacher

Article 64 of this order says that when a teacher, for any reason, is forced to suspend work for at least fifteen (15) days, he/she is temporarily replaced by another teacher who is on the waiting list of those who have passed the recruitment examination.

• Modalities of management of substitute teachers

In the same line, article 65 of this order mentions that a teacher who replaces another is temporarily removed from the waiting list of those who have passed the examination, but are not yet placed.

A teacher who temporarily replaces another, signs a work contract of a duration not exceeding that of the absence of the replaced teacher.

If the employment contract expires or if the replaced teacher returns to work before the expiry of the substitute teacher’s contract, the substitute teacher is re-registered at his/her first place on the waiting list.

If the temporarily replaced teacher returns to work before the expiration of his/her substitute teacher’s employment contract, the contract is immediately suspended and the substitute teacher is paid proportionately to the days he/she has worked.

• Salary of a substitute teacher

The article 66 of the same order explains that the salary of a substitute teacher is determined in a contract in accordance with the laws governing the work and cannot be higher than the one of the replaced teacher or inferior to that of a junior teacher with the same degree.

Application activity 4.2.4

1. Answer by true or false

a. The salary of a substitute teacher is equal to a half of the salary of the teacher he/she substitute.

b. The substitute teacher should be on waiting list.

c. The salary of a substitute teacher should be paid by the school.

2. The following letter was written to a contractual teacher BUGINGO (Not a real name). Analyze it and answer questions that follow.

Questions

a) Give reasons why bugingo’s contract was terminated.

b) What was the effect of bugingo’s conduct to the school?

c) Was it the first time for Bugingo to behave in such manner? justify your answer.

4.2.5. Rights, obligations and incompatibilities of teacher & responsibilities of the employer

Activity 4.2.5

At least once a week, you go to the model schools (pre-primary and primary) for teaching practice and during thirty or forty minutes you become class holder.

1. Apart from lesson delivering, what are the other things you do in the class to ensure the effectiveness of teaching and learning process?

2. What are pupils allowed to and what aren’t they allowed to do?

A. Rights of a teacher

The article from 67 to 79 describe various rights of the teacher.

• Right to professional file

The City of Kigali or a District of Province constitutes a personal file for a teacher. The original file is kept by the authority of the City of Kigali or a District of Province, and copies are kept respectively by the Sector Inspector and the Head teacher of the school where the teacher is appointed.

A teacher’s personal file must contain all documents related to his/her professional performance and conduct, his/her detailed curriculum vitae and other required documents.

A teacher enjoys the right of access to his/her personal file and may request, in writing, to update it.

• Right to establish or join trade unions

A teacher has the right to establish or to join any trade union of his/her choice. (Article 68)

• Salary

A teacher is entitled to a salary. The teacher’s salary is determined in accordance with the job classification table.

A salary of a teacher is calculated from the day of commencement of duties and stopped on the day following his/her termination of duties. When a teacher has worked less than thirty (30) days per month, his/her salary is divided in thirtieths and paid up to the payable number of days worked.

Salary for an interim school administrator

When, for a reason or another, there is a managerial vacant position within a school, a competent authority temporary appoints a teacher to serve in that post. A teacher in interim position of school administrator for more than thirty (30) days is entitled to the salary and other monthly benefits associated with the acting position. The salary and benefits for a teacher acting in the administrative position are calculated from the thirty first (31st ) day in the interim position.

A teacher may be in an acting administrative position for a period not exceeding one (1) year except in case:

- the school administrator is pursuing a capacity development program;

- There is a reason approved by the Minister in charge of education upon request of the Mayor of the City of Kigali or a District of Province.

A teacher acting on a vacant administrative position or a position of which incumbent has been granted a leave of absence for a specific period. In this case, he/she is entitled to a salary and monthly fringe benefits related to the position he/she is provisionally appointed to or acting in, from the time he/she is assigned those responsibilities.

Prescription of arrears

The prescription of payment of salary, allowances and terminal benefits is two (2) years. The limitation is counted from the date on which a teacher had to receive the salary, allowances and terminal benefits. However; the period of prescription is interrupted when the employer has agreed with the teacher or the former teacher that the payment constitutes a debt to him/her.

• Duties of the employer

- The State provides a teacher with necessary equipment to carry out his/her duties.

- The State has obligations of preventing and protecting a teacher against occupational hazards.

- A State provides a healthcare support to a teacher and other people under the teacher’s care in accordance with relevant laws.

- An employer declares occupational hazards or diseases occurred to a teacher in accordance with relevant laws.

B. Obligations and incompatibilities of teacher

The articles from 80 and 81 analyze the obligations and incompatibilities of a teacher.

• Obligations related to performance of duties

A teacher is required to personally perform duties as required, devote him/herself to his/her work all the time with integrity and impartiality, respect and honour his/her institution, preserve public property, and have a sense of responsibility and public interest. A teacher must respect the particular or general instructions  given by his/her hierarchical superior in accordance with laws.

• Activities incompatible with the profession of a teacher

The following are incompatible with the profession of a teacher:

- Holding another position on full time basis in public service;

- Carrying out any professional, business or industrial activities that may likely be detrimental to the performance of his/her duties;

- Participating in permanent leadership, administration of a company or any other commercial and industrial enterprise likely to be detrimental to the duties of the teacher. However, this shall not apply to those representing the Government interest in private enterprises;

- Having any interest in an enterprise under his/her direct control or one related to him/her, whether as an individual or through a proxy, under any title, in case such interest is likely to compromise with his/her duties or restrict his/her independence, truth, justice and objectivity. However, before signing such contracts, a teacher must be authorized by his/her employer.

Application activity 4.2.5

1. Identify any 3 rights of a teacher in Rwandan education system.

2. What are teachers obliged to do so as to perform their duties well?

3. Propose activities that can compromise with the duties of the teacher.

4. If you are a head-teacher of a given school, how will you promote the rights of your teachers in order to facilitate them accomplish their duties well?

4.2.6. Disciplinary regime

Activity 4.2.6

In some schools, the class monitor has the responsibility to punish classmates for their wrongdoing. Sometimes the class monitor may punish some students without any mistake/misbehavior, due to bad relationship between him/her and them.

1. Why some students are punished?

2. Which piece of advice can you provide to those students punished

because of wrongdoing and those ones punished without mistake, class monitor and the class in general?

A. Principles governing imposition of a disciplinary fault

Article 82 of this order explains that the investigations of a disciplinary fault and imposing a related sanction must be in respect of the following principles:

- A teacher alleged to have committed a disciplinary fault continues being respected for his/her inalienable rights as a human being;

- The disciplinary proceeding is conducted in writing;

- No disciplinary sanction can be imposed to a teacher without prior consideration of his/her written means of defense;

- The sanction for a disciplinary fault is based on its gravity;

- A disciplinary fault and sanction are independent from the criminal or civil liabilities and related proceedings;

- Not any teacher may be sanctioned more than once for the same disciplinary fault;

- The liability of a disciplinary fault is personal;

- The disciplinary proceeding is conducted in a clear way, with due transparency and impartiality.

B. Determining the gravity of a disciplinary fault

The article 83 of the same order says that the gravity of a disciplinary fault is determined by taking into account the circumstances in which it was committed and the related consequences.

Basing on circumstances that mitigate or aggravate the gravity of a fault as provided for in Articles 84 and 85 of this Order, the competent authority may remove a sanction or impose a less or more serious sanction than the sanction provided for the fault.

The competent authority to impose a disciplinary sanction considers appropriateness of mitigating or aggravating circumstances which proceeded accompanied or followed a fault.

Consideration of mitigating or aggravating circumstances related to a disciplinary fault and the corresponding sanction must be justified in the letter of motivation of the disciplinary sanction issued to a teacher.

• Mitigating circumstances

The article 84 mentions that in accordance with an analysis backed with proof, the gravity of a disciplinary fault may be mitigated by one or several of the following circumstances:

- It is the first time the teacher commits a disciplinary fault within his/her school whereas he/she usually distinguishes himself or herself by acts of good behavior and serves as good example at work, and is proved that the fault occurred without bad faith;

- Before the commencement of the disciplinary proceeding, a teacher pleads guilty and requests for a pardon;

- An act or conduct that resulted into a fault has been triggered by serious provocation of a teacher from another person.

• Aggravating circumstances

In the same context, the article 85 of this order says that in accordance with an analysis backed with proofs, the gravity of a disciplinary fault may be aggravated by one or several of the following circumstances:

- Recidivism occurred within the period of one school (1) year;

- Concurrence of several disciplinary faults;

- The committed fault is likely to have a serious negative impact on public interest;

- Serious proved conspiracy and premeditation to commit a fault;

- The fault has been jointly committed by more than one teacher;

- The fault has been committed by a teacher in charge of other teachers.

C. Categories of disciplinary sanctions

Articles from 86 to 91 describe disciplinary sanctions in the following ways:

• Sanctions of the first category correspond with petty disciplinary faults according to their gravity. From the least to the most heavy, sanctions of the first category are as follows:

Warning

A teacher is sanctioned by a warning, if he/she:

- does not wear a teacher service card and professional clothe;

- arrives late on duty without valid and communicated reason;

- fails to respect the time of arrival to and departure from place of work;

- smokes at school.

Reprimand

A teacher is sanctioned by a reprimand, if he/she:

- is absent to work for one (1) day without authorization;

- issues to learners’ instructions without powers or authorization;

- fails to issue instructions falling under his/her responsibilities;

- fails to supervise learners or physical resources or activities under his/her responsibilities;

- does not participate in extracurricular activities organized by the school for the purpose of learners’ discipline and social welfare;

- fails to submit on time the report related to the mission or training he/she has attended;

- uses insulting words, signs and actions towards any person within and outside the school;

- abuse of powers for advancing personal interests;

- does not reveal any conflict of interests where applicable;

- fails to adhere to new educational instructions and requirements regarding teaching and learning;

- tells lies in matters pertaining to his/her work;

- fails to effectively comply with teaching time table and assigned teaching load;

- fails to effectively prepare and utilize relevant pedagogical materials and instruments;

- has indecent dressing, which lacks hygiene and cleanliness, at the work place;

- carries out an assignment given to him/her with negligence;

- deploys him/herself on duties for his/her personal interests;

- has been sent on official mission or for training, but deviated from it;

- uses, in class, telephone and other electronic devices for unrelated

activities other than teaching and learning;

- fails to monitor learners’ discipline while they are in classroom or in field trips;

- is rebellious and resists to implement the change made in education system

• Sanctions of the second category correspond with serious disciplinary faults according to their gravity. From the least to the most heavy, sanctions of the second category are as follows:

Suspension for a period of three (3) months maximum without pay;

A teacher is sanctioned by suspension for a period not exceeding three (3) months without pay, if he/she:

- defames verbally, in writing or by images a learner, a staff member or a teacher of the same or lower job level maximum;

- has indecent behavior within the school and community;

- uses unprofessional manner in providing or altering marks to learners without following teaching and assessment standards;

- harasses a student;

- fails to comply with legitimate instructions from the supervisor;

- fails to effectively utilize scholastic materials and equipment given by the school;

- mishandling and damages scholastic materials and equipment given by the school;

- takes alcohol during working hours and is consistently drunk during working hours;

- engages in acts intended to discourage his/her colleagues or learners from doing their duties;

- discloses confidential information related to his/her work;

- creates or disseminates information meant to create fear, threaten, divisive, hatred or panic within and outside the school;

- Engages learners in buying, selling or using alcohol or other prohibited drugs.

Dismissal

A teacher is sanctioned by dismissal, if he/she:

- deserts his/her work without known and genuine reasons or without

authorization for a period of at least five (5) consecutive working days;

- creates or disseminates information meant to create terror activities to within and outside the school;

- prompts or is involved in any form of assessment and marking malpractices;

- deliberately destructs the school property;

- definitively sentenced by a court to a term of imprisonment equal to or

exceeding six (6) months;

- definitively sentenced by a court for the crime of genocide or genocide ideology;

- uses language or does an activity involving genocide ideology or any other form of discrimination;

- fraudulently alters the content of his/her or another teacher’s professional file;

- has submitted among his/her credentials falsified documents in order to get recruited;

- steals at work;

- assaults another person at work;

- insults verbally, in writing, by images or photos the Head teacher, Deputy Head teacher or any other teacher on the same or superior grade;

- commits a fraudulent act or omission aimed at favoring a candidate or putting his/her at disadvantage in course of recruitment process;

- requires, receives or offers a donation or illegal benefit for provision of a service;

- commits any form of sexual harassment to a learner or any other staff member;

- commits a gender-based violence at school;

- awards to a learner inappropriate marks, facilitates a learner to cheat or

does not award to a learner his/her appropriate marks due to personal interest;

- gangs for the purpose of harming the school activities;

- Refuses to take oath in accordance with relevant laws.

D. Other disciplinary faults not provided for by this Order

Article 92 of this order establishes other acts or conducts as disciplinary faults. When a teacher commits an act or behaves in way that breaches his/her work obligation while such act or conduct is not among disciplinary faults provided for by this Order, the Inspector of Education, upon recommendation of internal disciplinary committee, determines the gravity of acts or behaviour taken as disciplinary fault and its corresponding sanction, among sanctions provided for by this Order.

E. Internal disciplinary committee

The article from 93 to 100 of the same order establishes internal disciplinary committee and its responsibilities. According to it, each school must establish an internal disciplinary committee.

• Responsibilities of the internal disciplinary committee

The Internal disciplinary committee has the following responsibilities:

- to carry out administrative investigations on the fault alleged to a teacher, intended to the analysis of the circumstances surrounding the fault, its consequences and collection of evidence;

- Suggest a sanction to be imposed on the teacher and to submit a relevant investigation report to the competent authority to impose sanctions.

• Composition of internal disciplinary committee in nursery and primary schools

In nursery and primary schools, the internal disciplinary committee comprises the following five (5) members:

- The Head Teacher, as Chairperson of the committee;

- Two (2) representatives of teachers elected by colleagues, one as the Vice-President, the other as the Secretary of the committee;

- Two (2) parents’ representatives; a male and a female whose children are learners at the school.

• Composition of internal disciplinary committee in secondary and TVET schools

In secondary and TVET schools, the internal disciplinary committee comprises of the following seven (7) members:

- The Head Teacher, as Chairperson of the committee;

- The Deputy Head Teacher in charge of discipline, as Vice Chairperson of the committee;

- Three (3) representatives of teachers, including the Secretary of the committee, who are elected by colleagues;

- Two (2) parents’ representatives; a male and a female whose children are learners at the school.

• Term of office of members of internal disciplinary committee

Non-elected members of the internal disciplinary committee are permanent, while other members are elected for a term of office of one (1) year renewable only once.

• Non-participation to meetings of internal disciplinary committee

In case a committee member of the internal disciplinary committee, his/her spouse, or a person of kinship at the first degree is alleged to have committed a fault, the committee member does not participate in the committee’s activities related to the investigation his/her case.

• Proceedings over a member of internal disciplinary committee

Disciplinary faults committed by the Chairperson of the committee are investigated by the Internal disciplinary committee of the Sector in which he/she is appointed.

• Invitation of a resource person in meeting of internal disciplinary committee

If considered necessary, the Internal Disciplinary Committee may invite to its meeting a resource person. However, that resource person does not have right to vote or to participate in taking decisions.

F. Competence to impose a disciplinary sanction to a teacher

Article 101 specifies the ccompetent authority to impose sanctions to a teacher.

Upon the recommendations of the school disciplinary committee, the Head teacher imposes sanction to a teacher who committed one of the fault sanctioned by warning or reprimand with a copy to the Sector, the City of Kigali or the

District of Province where the school is located.

Regarding faults sanctioned by suspension for a period of three (3) months maximum without pay or dismissal is imposed by the appointing authority, upon the recommendations of the Head teacher based on the school disciplinary committee.

In case, the faults sanctioned by warning, reprimand, suspension for a period of three (3) months maximum without pay or dismissal is committed by the head teacher, the sanction is imposed by the appointing authority upon recommendations of Sector disciplinary committee headed by the Inspector of Education at Sector level.

An Inspector of Education, at any level, may temporally suspend a Head teacher, a teacher or any other school administrative and support staff who committed a fault or who is caught in any act sanctioned by suspension for a period of three (3) months maximum without pay or dismissal.

In case, a Head teacher, a teacher or any other school administrative and support staff is temporally suspended in such instances, the disciplinary procedure is immediately initiated.

G. Modalities for imposing disciplinary sanctions to a teacher

• Disciplinary liability and criminal liability

A disciplinary sanction of a teacher is independent from criminal liability to the extent that the same fault may lead to both disciplinary proceedings and criminal proceedings. If a teacher is prosecuted for an offense related to a disciplinary fault, his/her employing agency opens disciplinary proceedings, without waiting for the closure of criminal proceedings.

• Means of defense

The competent authority to impose a sanction on the teacher requests the teacher who is alleged to have committed a fault to respond to charges against him/her. A teacher responds to charges against him/her in not more than five (5) working days, from the date of receipt of the written notification. The competent authority who requested response from a teacher informs him/her whether his/her response has been satisfactory or not, within ten (10) working days from the date the written response letter reached the authority who had requested it. If that period expires without written response to the teacher, his/her explanations are considered as satisfactory.

• Proceedings over a disciplinary fault

When a suspected teacher produces satisfactory explanations, the disciplinary action is withdrawn and all the relevant charges closed without follow up.

When the explanations produced by the teacher are not satisfactory, upon request by the competent authority, the Internal disciplinary committee makes investigations and provides a report within fifteen (15) working days from the date it received the request to start investigations.

The competent authority notifies the teacher in writing of a decision taken against him/her within five (5) working days, from the date the competent authority received views from the internal disciplinary committee.

When a teacher is under investigations for a fault, he/she cannot be sent on training, and his/her resignation cannot be approved before a final decision on the alleged fault is taken.

• Suspension during investigation

A teacher suspected of having committed a serious fault which can be punished by a sanction of the second category, may be suspended for a period not exceeding six (6) months pending further investigations. During this period the whole salary of the suspended teacher continues to be calculated and retained.

In case of innocence with regard to disciplinary charges against him/her, he/she receives the salary retained for him/her. If he/she is found guilty, he/she is not entitled to the salary that was retained for him/her.

In case the period of suspension mentioned in Paragraph One of this Article elapses without any conclusion on his/her case, the concerned teacher immediately resumes his/her work while waiting for the final decision. A decision of suspension of a teacher for investigations is taken by the authority competent to impose the sanction after consultation with the internal disciplinary committee. In case the teacher who has been suspended for further investigations is found guilty, his/her sanction takes effects from the date he/she was suspended to carry out investigations

Letter of sanction: The article 106 of this order mentions that each sanction is imposed through a letter issued by the competent authority who clarifies in details the fault committed and its consequences.

The letter of the imposed sanction is delivered to the concerned teacher with confirmation of receipt. A copy of the letter marked with an acknowledgement of receipt is kept in the concerned teacher’s file.

Application activity 4.2.6

1. As other people, teacher is a human being. He/she can be mistaken or have a problem in or outside the school. Most of time school leaders may call him/her in secret to provide information about the mistake or the problem. When the problem is not solved, other levels can intervene as to solve it.

Match case of indiscipline or a problem with its corresponding level at which it can be solved

2. Think of the advantages of having a discipline committee in a school.

3. Read the following teachers’ core values (ikivugo k’indemyabigwi) and identify the values it includes.

“Ndi indemyabigwi mu nkomezamihigo

Ndi umurezi w’intagamburuzwa

Ndi umutoza w’umurage wa Gihanga

Ndi umurezi ubereye u Rwanda

Nkaba ku isonga mu kubaka u Rwanda rushya n’iterambere ry’Afurika”.

4.2.7. Appeal procedures

Activity 4.2.7

A teacher at primary school x was not happy with the decision taken for him/her by the District (suspension for a period of three months (3) without pay). He/she claimed to the district asking why such kind of decisions was taken to him/her and the District refused to consider his/her claim. He/she went to his/her colleague for advice and the later told him/her to keep quiet. If you were his colleague, what would you do for him/her differently?

Articles 113, 114 and 115 guarantee a right of a teacher to appeal. They stipulate that a teacher who considers that a decision taken against him/her is not justified has a right to appeal.

• Procedure for request for reconsideration and appeal

A teacher who is not satisfied with the decision taken against him/her may file a written request for reconsideration in the first instance to the authority who took the decision. The request for reconsideration is lodged within five (5) working days from the date the decision is notified to the teacher. The response to teacher within fifteen (15) working days from the date the request for reconsideration is received.

When a teacher is not satisfied with the decision taken at the first level, he/she may appeal in the second instance to the City of Kigali or a District of Province where the school is located. The appeal is lodged within five (5) working days from the date the teacher was notified or would have been notified the response from the authority at the first level. The administration of the City of Kigali or a District of Province responds within fifteen (15) working days from the date the appeal is received.

A teacher, who is not satisfied with the decision taken at the second level by the administration of the City of Kigali or a District of Province, files his/her appeal to the Ministry in charge of education. The appeal is lodged within five (5) working days from the date the teacher was notified or would have been notified the response by the administration of the City of Kigali or a District of Province. The Ministry in charge of education responds within thirty (30) working days from the date the appeal is received.

A teacher, who is not satisfied with the decision taken the Ministry in charge of education files his/her appeal in last instance to the public agency in charge of appeal related to the management of public servants. The appeal is lodged within five (5) working days from the date the teacher was notified or would

have been notified the response by the Ministry in charge of education. The public agency in charge of appeal related to the management of public servants responds within thirty (30) working days from the date the appeal is received.

The decision of the public agency in charge of appeal related to the management of public servants is not subject to other administrative appeal. The provisions of this article do not apply in case appeal in recruitment matters.

• Powers of the authority in charge of appeal

If the authority in charge of appeal finds that a competent authority who took the decision subjected to appeal did not respect the provisions of this Order, it requests, in writing, the competent authority to correct identified irregularities or to cancel the decision taken.

• Filing a complaint with the courts of law

A teacher, who is not satisfied with a decision of an authority with whom the appeal has been filed in the last instance, may file a complaint to the courts of law in accordance with relevant laws.

Application activity 4.2.7

Describe the steps through which a teacher can make an appeal when is not happy with the decision taken to him/her.

4.2.8. Rehabilitation and prescription of a disciplinary fault

Activity 4.2.8

Referring to the scenario on appearing in the activity 4.2.7 if an appeal made by teacher is accepted and it is found that he/she is innocent, will he/she be dismissed from job? If no, what will be done for him/her?

Articles from 116 to 120 talk about rehabilitation and prescription of a disciplinary fault in these words:

A. Rehabilitation

After a sanction, a teacher may request to the authority that imposed the sanction, for a rehabilitation.

• Competent authority to grant rehabilitation

Rehabilitation is granted by the authority that imposed the sanction after consultation with the internal disciplinary committee for sanctions of the first category. For sanctions of the second category a decision on rehabilitation is taken by the authority that imposed the sanction after consultation with the Minister in charge of education.

• Requirements to grant rehabilitation

Rehabilitation may be granted if there are sufficient proofs that, after the sanction, a teacher has demonstrated remorse and good behaviour. For the sanctions of the first category, rehabilitation may be granted only after three (3) years from the date on which the sanction was imposed to the teacher. For the sanctions of the second category, rehabilitation may be granted only after seven (7) years from the date on which the sanction was imposed to the teacher.

• Rights established by rehabilitation

Rehabilitation causes the teacher to be entitled to rights of a teacher who did not face the sanction on which such rehabilitation is related to. 

When rehabilitation is related to a sanction of dismissal, the beneficiary  regains rights of rejoining the teaching position through recruitment. The rights established by rehabilitation referred to in the Paragraphs One and 2 of this Article take effect from the date the rehabilitation is granted. The letter of rehabilitation is kept in the teacher’s file.

B. Prescription of a disciplinary fault

When a period of one (1) or two (2) years elapses respectively for a disciplinary fault sanctioned by a sanction of the first category and the one by a sanction of the second category, without imposing sanction, such a disciplinary fault is no longer punished. The period of time specified in Paragraph One of this Article starts from the date the competent authority became aware of the occurrence of the fault.

Application activity 4.2.8

Discuss the requirements of being granted with rehabilitation.

4.2.9. Termination of employment of a teacher

Activity 4.2.9

Read this scenario and answer to the questions asked

Mr. J is a tutor and very popular with the students. He often converses and jokes with the students outside the class during break time. It is common for him to greet female students and staff with a hug and male students and staff with a pat on the back. One student has complained to the administration that Mr. J’s hugs or physical contact makes him uncomfortable. Mr. J has been advised by the Principal to stop all physical contact with students and staff. He agrees to try, but he can’t promise anything because that is the way he is and he isn’t doing anything wrong.

a. How could this situation become a violation of the law, the “Code and conduct of the teacher”?

b. In this situation, what are some potential negative consequences for the teacher, for the students and the school community?

c. What responses/actions will result in a more positive outcome and/or what proactive measures might be considered?

Article from 121 to 134 describe the termination of employment of a teacher.

Grounds for termination of employment of a teacher

Termination of employment of a teacher occurs when he/she is granted a leave of absence for non-specific period, resigns, is removed from office, is dismissed, retires, and dies. Termination of employment of a teacher results in his/her removal from the record of teachers.

A. Leave of absence for non-specific period

Application for leave of absence for non-specific period is made by a teacher indicating in writing his/her will to cease his/her duties.

• Modalities for leave of absence for a non-specific period

Leave of absence for a non-specific period is applied in writing to the appointing authority. The leave of absence for a non-specific period may not be granted for public interest. A teacher who has submitted his/her application for leave of absence for a non-specific period continues to perform his/her duties until he/she is notified of the decision on his/her application. However, if there is no written response provided to the teacher within thirty (30) days from the day the appointing authority received the application; the leave of absence for nonspecific period is considered accepted.

• Reinstatement after leave of absence for a non-specific period

A teacher who was granted a leave of absence for a non-specific period has the right to be reinstated in teaching service as per the provisions related to teachers’ recruitment provided for in this Order.

A teacher who is reinstated after a leave of absence for a non-specific period progresses from the grading of category at which he/she had been placed before being granted a leave of absence for a non-specific period.

B. Application for resignation

Application for resignation is a decision of a teacher expressing in writing his/

her will to cease his/her duties.

• Modalities for resignation

The application for resignation is addressed to the appointing authority. 

A teacher who has submitted his/her resignation application continues to perform his/her duties until he/she is notified of the decision on his/her application. 

However, if there is no written response provided to the teacher within thirty (30) days from the day the appointing authority received the application; his/her resignation is considered accepted.

• Reinstatement after resignation

A teacher whose resignation has been accepted may be reinstated in teaching service after five (5) years from the day his/her resignation was accepted.

Reinstatement in teaching service is done as per the provisions related to teachers’ recruitment provided for in this Order.

However, in case of the interest of service, a teacher whose resignation has been accepted may be reinstated in teaching service before expiration of five (5) years. A teacher who is reinstated after resignation progresses from the grading of category at which he/she had been placed before being granted resignation.

C. Removal from office of a teacher

The removal from office of a teacher is a decision taken by an appointing authority to remove the teacher from the teaching service if:

- after the probation period, the teacher’s performance appraisal is not satisfactory;

- a teacher is suspended for a period exceeding six (6) months due to provisional detention;

- a teacher is sentenced to a non-suspension penalty of imprisonment for a term of less than six (6) months;

- a teacher is not physically or mentally able to resume his/her duties after a long term sick leave;

- the performance appraisal of a teacher indicates that he/she is incompetent in accordance with performance management laws.

D. Requirements for granting termination benefits

A teacher is entitled to termination benefits in case of:

- job removal or discontinuance;

- a teacher being physically or mentally unable to resume his/her duties after a long term sick leave.

However, when a teacher removed from office and granted termination benefits has been recruited in the teaching service again and he/she is again removed from office, the termination benefits to be granted to the teacher are calculated on the basis of his/her period served after reintegrating the teaching service. Without prejudice to provisions of this Article, a teacher transferred to a State owned company is not entitled to termination benefits. However, the period a teacher served in teaching service is considered in case of the end of the contract in a State owned company

Calculation of termination benefits

Termination benefits for a teacher are calculated based on his/her last gross salary and on basis of his/her period served in teaching service as follows:

- three (3) months’ salary for a teacher with at least one (1) year but less than five (5) years of experience;

- four (4) months’ salary for a teacher with at least five (5) years but less than ten (10) years of experience;

- five (5) months’ salary for a teacher with at least ten (10) years but less than fifteen (15) years of experience;

- six (6) months’ salary for a teacher with at least fifteen (15) years but less than twenty (20) years of experience;

- seven (7) months’ salary for a teacher with at least twenty (20) years but less than twenty-five (25) years of experience;

- eight (8) months’ salary for a teacher with at least twenty-five (25) years of experience but less than thirty years (30);

- Eleven (11) months for a teacher with at least thirty years (30) of experience.

However, termination benefits granted to a teacher removed from office after a long-term sick leave cannot be less than four (4) months gross salary.

E. Retirement

A teacher who attains sixty-five (65) years retires. However, a teacher who attains at least sixty (60) years of age may apply to the competent authority for early retirement.

Retirement benefits

A teacher who retires is entitled to retirement benefits, on the basis of the period the teacher served the teaching service.

Retirement benefits are computed in the same way as provided for in Article 130 of this Order. Retirement benefits are incompatible with benefits granted to a teacher removed from office.

F. Death allowances and funeral expenses

In case a teacher dies while still in service, the legally recognised successors are granted death allowances equivalent to a non-taxable lump sum of six (6) times of the last monthly gross salary of the deceased which are not taxable.

G. Work certificate

The appointing authority or his/her delegate provides a teacher with a certificate attesting that he/she has served as a teacher. The certificate is issued immediately after the teacher ceased his/her duties and indicates the date of entry into service; position held and date of last day of service.

Application activity 4.2.9

After learning this lesson; explain key considerations found in the Article from 121 to 134 describing the termination of employment of a teacher?

End unit assesment

1. Who are in charge of promoting teachers’ rights?

2. What are the instruments to protect teachers’ rights

3. To promote teachers’ well-being and quality education in Rwanda, Rwanda Education Board (REB) introduced Indashyikirwa award. The process of selecting Indashyikirwa starts from school level, sector level, district level, provincial level and national level. Indashyikirwa at all these levels are given various rewards such as envelops of money, smart phones, lap tops, cows, tablets, motorcars…to thank them due to their hard work in teaching career, to encourage to do much more and inspire other teachers to do so.

a) Do you find this practice important? Justify your position.

b) As prospective teachers, what will you do in your school to become Indashyikirwa?