Codes of Ethics and Codes of Conducts for Strengthening Ethics in the Civil Service

Transcription

1 Codes of Ethics and Codes of Conducts for Strengthening Ethics in the Civil Service 39th Round Table, African Association of Public Administration and Management (AAPAM) in Gaborone, Botswana By Susanne Kuehn and Marlen Heide

2 CONTENT Codes of Ethics and Codes Conduct: What & Why Are They Useful? Codes in International Conventions What makes Codes Effective? Case Studies & Lessons Learned from Uganda Group Work: Discussing your countries

3 What are Codes of Ethics and Codes of Conduct? Why are They Useful? Capture in writing what behavior we strive for Define clear standards for desired behavior (boundaries & expectations) Make it easier to recognize wrongdoing (incl. conflicts of interests) Facilitate taking action against wrongdoing Make it clear that bad behavior jeopardizes the job of public servants Professional statement of symbolic value - pride of belonging to the civil service => Can help strengthening ethical behaviors in the civil service Source: Gilman (2005): Ethics Codes and Codes of Conduct as Tools for Promoting an Ethical and Professional Public Service

4 Codes of Conduct are required by the UNCAC ( prevention )

5 African Charter on Values and Principles of Public Service and Administration (2011) Principles and Values Equality of all users of Public Service and Administration. The prohibition of all forms of discrimination on any basis Impartiality, fairness and due process in the delivery of public services. Continuity of public services under all circumstances. Adaptability of public services to the needs of users. Professionalism and Ethics in Public Service and Administration. Promotion and protection of rights of users and Public Service Agents. Institutionalizing a culture of accountability and integrity and transparency in Public Service and Administration. Effective, efficient and responsible use of resources.

6 Code of Ethics vs. Codes of Conducts Code of Ethics General statement concerning core values and behavior Promotes organizational culture of integrity Define the professional role of the civil service Awareness raising tool to promote ethical responsibility Needs to be tailored to needs of organization Codes of Conducts Specific standards of conduct Defines good behavior vs. bad behavior Often times covers issues related to conflicts of interests, internal governance, whistleblower policies and complaints procedures Typically include sets of penalties if code is violated Often accompanied by a Code of Ethics

7 There is No One- Size-Fits- All: different countries adopt different approache s Source: Gilman (2005): Ethics Codes and Codes of Conduct as Tools for Promoting an Ethical and Professional Public Service

8 Pros and Cons: When to Use Which? Codes of Conducts Codes of Ethics => In reality, there are no pure codes. Most codes are a mix of Codes of Ethics and Conduct

9 Transforming Mind-sets Through Codes of Ethics and Codes of Conduct

10 Lessons Learned from Behavioral Insights Source: OECD

11 Jordan s Code of Conduct in the Public Sector What Makes a Code Effective? Code Concise and easy-to-understand Right balance between ethics (values) and conduct (rules) Ethics training (on-going) Awareness-raining and communication (inside and outside the institution) Institutional set-up Choose an administrator of the Code that will provide independence, consistency, and confidence Give the Code a legal basis and procedures for enforcement Provide a mechanism allowing officials to obtain written advice about the Code s application

12 Jordan s Code of Conduct in the Public Sector Leadership and Political Commitment Ministers, Head of states, Presidents, Senior officials/politicians Managers and administrative staff Conducive institutional environment and incentives for ethical behavior Individuals should feel comfortable raising ethical issues Merit based public service Make ethical behavior a component of periodic performance evaluations

13 CO-OWNERSHIP PROCESS 1. Context & Integrity Assessment ASSESS LEGAL & NORMATIVE Frameworks LEADERSHIP Commitment from management CITZENS ENGAGEMENT 2. Vision of Public Service DEVELOP A VISION of public service and mission of the state PARTNERSHIP ACTORS: Gov., Civil Society and Private Sector TOOLS/INSTRUMENTS SELF-ASSESSMENT INTEGRITY ASSESSMENT/ Participatory Workshops ASSESS VALUES BELIEFS BEHAVIOR 3. Strategy & Road-map DEVELOP A COMPREHENSIVE AND INTEGRATED MISSION STATEMENT TOOLS/INSTRUMENTS Participatory Visioning Workshops Civil Service Law Policy, Legal & Regulatory Frameworks Development Codes of Conduct/ Model Code of Conduct (rules-based approach) Public Service Charters/ Codes of Ethics (values approach) Conflict of Interest Gifts and Benefits Financial disclosure E-procurement Institutional Development Anti-Corruption Commission Audit Committees Capacity Development Transform Mind-Sets/ Training and life-long socialization mechanisms Leadershi p & HRM TOOLS/INSTRUMENTS Appropriate Recruitment, Promotion Systems Monitoring Evaluation Accountability Mobilizing & Connecting Civil Servants & Stakeholders civil society and private sector 4. Implementation - Action Two-way Communication through multiple channels Increased Trust & Legitimacy; Effective and Citizen-Centric Public Services Delivery, Implementation of MDGs & Post-2015 Development Agenda Open Government: Access to Information and Data, Transparency Publish Data

14 Country Examples: Code of Conduct

15 Jordan: Adopting a Code of Conduct Rules vs. value based / punishment vs. incentives All-encompassing vs. agency-specific CoC Stakeholder involvement Religious, traditional and cultural foundations Tackling local problems

16 Mexico: Ethic Committees (CEPCI)

17 Mexico: Ethic Committees (CEPCI)

18 Philippines: Citizen Complaint Program (Mamamayan Muna) Spearheaded by the Civil Service Commission, 1994 Nationwide client-satisfaction program to (1) institutionalize courtesy and quick service, (2) recognition of good service, (3) provide a complaint mechanism for the public Central Office and 16 Regional Action Centers; counterpart action officer in every agency Complementary information campaigns to raise awareness and encourage reporting Objective: deterrence, not punishment!

19 Philippines: Citizen Complaint Program (Mamamayan Muna)

20 Thank you and please stay in touch for capacity development support from UN DESA Susanne Kuehn Senior Inter-regional Advisor on Transparency, Accountability, Integrity

21 Break-Out Discussion Does your country / department have a code of ethics or a code of conduct? Which measures are in place to help implementing the code? What are common challenges in implementing the code? What are your recommendations for public sector ethics or standards to improve in your country?