Introduction
An ethical public service is deemed crucial to the good governance that inspires trust in
government from its citizens. Public officials, both elected and appointed, occupy a position of
trust, acting on behalf of citizens, and the highest standards are expected of them in developing
and maintaining the public interest. A necessary component of an ethical public service is a set of
guidelines that promote ethical behavior on the part of public officials and the imposition of
sanctions when such behavior is found lacking. The adoption of codes of ethics has long been a
practice amongst governments worldwide and these codes have taken a number of different
forms, varying in terms of scope, content, intention, status and application. There has also been a
recent impetus behind the codification of ethical behavior as the need to restate traditional values
in a rapidly changing public services environment has become obvious.
2. What is Ethics?
Ethics refers to principles by which to evaluate behavior as right or wrong, good or bad. Ethics
refers to well based standards of right and wrong, and prescribe what humans ought to do. Ethics
are continuous efforts of striving to ensure that people, and the institutions they shape, live up to
the standards that are reasonable and solidly based.
Professional, public management ethics of civil servants and politicians are somewhat different
from the personal ethics of individuals. In addition to the personal ethical values and principles
of individuals (like respect for others, honesty, equality, fairness, etc.), the professional public
servant faces another context and an additional set of values and principles. Although the public
management is a labyrinth of agencies with different tasks, reporting lines, levels of
responsibility and ethical cultures, we are looking for these universal or basic principles of
public service.
According to Kinchin (2007), the ethics of public service is (should be) based on five basic
virtues; fairness, transparency, responsibility, efficiency and no conflict of interest. There are,
however, other principles in operation, and public servants face several dilemmas, for instance
when the bureaucrats private ethics collide with his professional public work ethics or
organizational cultures.
officials will have access to information of a confidential or private nature, which is not
authorized for disclosure.
Principle 5: Honesty
Public service is a public trust; the public entrusts public officials to act on their behalf. The
confidence and trust in, and respect for, the government by the governed depends upon public
officials being honest and being seen to be honest. Public officials must keep the promises that
they have made, be sincere and be free from deceit, fraud or corruption.
Principle 6: Accountability
Public officials are held responsible for their decisions and actions, ultimately by the governed.
They must be prepared to give an account of their decisions and actions and submit themselves
to whatever scrutiny is appropriate for their office.
Principle 7: Serving the Public Interest
Public officials should make decisions and act solely in the public interest and not in their private
interests including the interests of family, or friends or any other outside body or group. Public
office should not be used for private gain.
Principle 8: Exercising Legitimate Authority
Public officials are entrusted with power and authority. That power and authority should be
exercised legitimately within the authority of office. Public officials must not abuse their power
and authority.
Principle 9: Impartiality
Public officials should make decisions and act in a fair and equitable manner. Choices should be
made on the basis of merit, and advice offered should be without "fear or favour." Preferential
treatment should not be given on the basis of colour, race, nation, nationality, sex, language,
religion, political opinion or other status or any other irrelevant consideration.
Principle 10: Respecting the Law
Public officials should obey the law and should comply with any enactments, regulations or
directives appropriate to the performance of their duties and as instructed to do so by the relevant
authority.
officials remain silent in these cases or even give instruction to do so as there is no alternative.
For example, for the investigation of a case, a police officer is often not provided sufficient
money, so he has a tendency to take money from the ordinary people. This practice leads to
habitual corruption and harassment of the general population.
6.9 Mutual corruption pressure
Corruption is an exchange process and it includes both the giving, and the taking of a bribe. In
general, the corruption pressure between the service seekers and the public servants is often more
implied than direct. Only in a small number of cases public servants overtly sought for cash,
gifts, or favors, but in a greater number of cases they demonstrated that they expect something
like that. In most of the cases, the service seekers personally have initiated behavior that can be
considered corruption, i.e., that they exerted pressure aimed at corrupting. Corruption being
performed by service seekers, therefore, is not so much a result of overt imposition, but of
willing acceptance, motivated by an understanding that this is the most efficient way for
accomplishing their interests and needs.
6.10 Working conditions
Working conditions seem to be a factor for civil servants to perform on a high standard including
ethically. This would concern mainly salaries and office space.
8. Administrative Reforms
Administrative traditions can vary depending on a countrys culture, but there are generally
shared views as to how public servants should fulfill their duties democratically with
accountability; transparently with integrity; fairly, honestly and effectively.
According to the organization, countries can use these principles as a tool to be adapted to
national conditions, and to find their own ways of arriving at an effective framework that suits
their own circumstances. The principles are, of course, not sufficient in them, but are a means of
integrating ethics management within the broader public management environment.
taking action that is only available at the political level; for instance, by creating
legislative and institutional arrangements that reinforce ethical behaviour and create
sanctions against wrongdoing; by providing adequate support and resources for ethicsrelated activities throughout government; and by avoiding the exploitation of ethics rules
and laws for political purposes.
8.6 The decision-making process should be transparent and open to scrutiny
The public has a right to know how public institutions apply the power and resources
entrusted to them. Public scrutiny should be facilitated by transparent and democratic
processes, oversight by the legislature, and access to public information. Transparency
should be further enhanced by measures such as disclosure systems and recognition of
the role of an active and independent media.
8.7 There should be clear guidelines for interaction between the public and private
sectors
Clear rules defining ethical standards should guide the behaviour of public servants in
dealing with the private sector; for example, regarding public procurement, outsourcing
or public employment conditions. Increasing interaction between the public and private
sectors demands that more attention should be placed on public service values and
requiring external partners to respect those same values.
8.8 Adequate accountability mechanisms should be in place within the public service
Public servants should be accountable for their actions to their superiors and, more
broadly, to the public. Accountability should focus on compliance with rules and ethical
principles, and on achievement of results. Accountability mechanisms can be internal to
an agency as well as government-wide, or can be provided by civil society. Mechanisms
promoting accountability can be designed to provide adequate controls, while allowing
for appropriately flexible management.
8.9 Appropriate procedures and sanctions should exist to deal with misconduct
Mechanisms for the detection and independent investigation of wrongdoing such as
corruption are a necessary part of an ethics infrastructure. It is necessary to have reliable
procedures and resources for monitoring, reporting and investigating breaches of public
service rules, as well as commensurate administrative or disciplinary sanctions to
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leadership, pay reform, recruitment and promotion (meritocracy). None of these can
stand alone, but they are all essential elements of any serious civil service reform.
i)
Leadership by Example
One of the principles is that managers should demonstrate and promote ethical
conduct. Larbi argues that Political commitment to ethics reform is a key requirement
for the effectiveness of other elements of the ethics infrastructure (Larbi 2001). In a
working environment in which appropriate incentives are provided, ethical behaviour
has a direct impact on the daily practice of public service values and ethical
standards. Such incentives can include adequate working conditions and effective
performance assessment. Managers have an important role in this regard by providing
consistent leadership and serving as role models in terms of ethics and conduct in
their professional relationship with political leaders, citizens and other public
servants.
ii)
Pay reform
The pay levels are important as an incentive for civil service employees not to be
corrupt or dishonest. Reforming the wage structure to provide public sector
employees with suitable pay and other benefits can be an important tool to change the
incentive structure for public servants, but also to make remuneration more
transparent, to eliminate underpay and to win more skilled personnel for the public
sector. The incentives for public servants to reject corruption and work efficiently are
much higher if the system of remuneration is based on the principle of meritocracy.
When wages and promotion clearly depend on public servants respect for rules of
conduct and on good performance, they will be less corrupt and more efficient in their
job, and they will place placed more value on the job itself.
iii)
on their capabilities. A public service whose members are appointed and promoted
based on merit will be far less susceptible to corruption than one based predominantly
on political and personal connections.
8.11
Whistle blowing
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d) Demonstrating the benefits of an ethical public service to public officials and to the public
interest as a whole.
3. There will undoubtedly be resistance to the reforms. Some staff may, for example, see the
codes as just another control mechanism imposed by senior officials. It is important, therefore,
that the aspirational and guiding characteristics of the codes are stressed as much as the
regulatory requirements.
4. As with the implementation of any policy, there will certainly be problems thrown-up that are
not identified in advance, there will be distractions and the environment will often be turbulent.
Under such conditions ethical frameworks are often casualties of wider political agendas. To
succeed in implementation high-level support, persistence, early results, and communication are
all crucial.
Other elements in the framework will include:
1. Ethical training and education
2. Strengthening internal and external accountability mechanisms, particularly financial ones
3. Developing skills; unethical practices can result from ignorance and incompetence.
4. by increasing awareness
5. by applying transparency system everywhere.
6. by increasing salary and other facilities.
7. By selecting right candidate for right position and enforcing law and regulations strictly.
8. Applying penalty application properly.
The codes of ethics should not be written in "tablets of stone", but should be subject to review in
the light of experience in, say five years. Ethics moves on shifting sands and codes of ethics need
an element of flexibility.
8.1 Enforcement
"Without enforcement, simply setting limits on behavior and threatening sanctions is like having
teeth without biting. The threat of sanctions will only act as a deterrent where they are sufficient,
enforced and respected. Enforcement begins with an assessment of the incentives and
disincentives to proscribed behaviour, backed up by independent and adequately resourced
prosecution and investigation services. These services need to be seen as being effective to gain
credibility, not only in the public service but also in the public at large"
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It is important to strike a balance between encouraging good conduct and policing behavior. This
balance will vary from country to country and over time. The most effective enforcement
mechanisms involve a mixture of law enforcement, independent investigative bodies,
preventative management controls, transparency mechanisms and raising aware-ness and
developing skills. It is important to recognize that the codes should not be considered final and
must constantly be reviewed and refreshed. It is likely that as the political, social and economic
environment changes then new demands will be placed upon public officials and guidelines will
need to be introduced to aid public officials in their decision-making.
However, all codes of ethics need to address three questions:
1. What type of offence is it?
2. What sanctions should be imposed?
3. Who is to impose those sanctions?
8.1.1. The type of offence:
Breaches of conduct are usually characterized in terms of illegal behavior, unethical behavior or
inappropriate or unreasonable behavior. However, it is recognized that the boundaries between
these different types of behavior are blurred.
The OECD [8] defines these different types of behavior as follows:
a. Illegal behavior - acts that are against the law; may cover criminal offences to misdemeanors
b. Unethical behavior - acts that are against ethical guidelines, principles or values
c. Inappropriate behavior - acts that are against normal convention or practice.
8.1.2. Appropriate sanctions
It is considered that punishment by the courts may be too blunt an instrument to apply to all
types of unethical or inappropriate practices. Sanctions should be appropriate to the offence. As
indicated above, there will be in existence a body of relevant law and disciplinary procedures.
Enforcing unethical or inappropriate behavior is more difficult but guidelines are more flexible
and easier to amend than law. It is appropriate to identify a minimum and a maximum sanction
for all breaches of the codes. Undoubtedly, judgment will have to be exercised by the relevant
disciplinary authority.
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10.Conclusion:
The actual reforms that are necessary will depend on the kind of corruption problem in each
country and the kind of deficiencies that exists in the integrity system of each country. There is
no one measure that can fix it easily. The establishment of an efficient and working ethics
infrastructure takes time. The reformers need to be aware of the functional dependencies and
organizational linkages among the various components of the ethics infrastructure. This calls for
an integrated and coordinated approach to reforms. Central to the argument of much of the most
recent discussion on ethics in the public management is that it must be seen primarily in
institutional and organizational terms. Individual ethics and ethical behavior is largely a
construct, dependent on the political environment and the cultural ethos of the public
management.
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References:
1. Amundsen Inge, Andrade de Pinto Vicente ,Compendium for teaching at the Catholic
University of Angola (UCAN)
2. By Shane Hall, eHow Contributor, what is public administration ethics?)
3. Hoppe Tilman, September, 2012, Ethics in civil service.
4. Lawton Alan, 2004, Developing and Implementing Codes of Ethics.
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