Promoting Ethics in the Public Service
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ST/ESA/PAD/SER.E/8 Department of Economic and Social Affairs Division for Public Economics and Public Administration Promoting Ethics in the Public Service United Nations New York, 2000 Notes The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. The designations developed and developing economies are intended for statistical convenience and do not necessarily imply a judgement about the stage reached by a particular country or area in the development process. The term country as used in the text of this publication also refers, as appropriate, to territories or areas. The term dollar normally refers to the United States dollar ($). The views expressed are those of the individual authors and do not imply any expression of opinion on the part of the United Nations. Enquiries concerning this publication may be directed to: Mr. Guido Bertucci Director Division for Public Economics and Public Administration Department of Economic and Social Affairs United Nations, New York, NY 10017, USA Fax: (212) 963-9681 ii Foreword This report is the product of a policy dialogue The Division would like to acknowledge the which took place in Brasilia, a Colloquium on Brazilian Council of State Reform for its partner- Promoting Ethics in the Public Service, held in ship. Mr. Joao Piquet Carneiro, Vice-President, December 1997. Upon request from the Govern- prepared a summary of the Colloquium, which is ment of Brazil, the United Nations Department of included in this publication. It would also like to Economic and Social Affairs (UN/DESA), Divi- acknowledge the Brazilian Ministry of Federal sion for Public Economics and Public Admini- Administration and State Reform (MARE), the stration (DPEPA) provided substantive input to the United Nations Development Programme office in Colloquiums programme. UN/DESAs Brazil, the Bank of Brazil and Hyundai Company involvement was part of its ongoing work on the for their sponsorship. Minister Luiz Carlos Bresser issue of public service ethics, under the rubric of Pereira of MARE presented a paper on civil professionalism and leadership in civil service service ethics, which is also included in this systems. publication. Brazil launched a reform of the state in 1995 and The Division would like to thank the international is currently re-examining the role of the state. As consultants who prepared the papers which were part of this exercise, Brazil has also been making a presented in the Colloquium: Professor Gerald conscious shift towards a managerial admin- Caiden of the University of Southern California istration, with a greater results-orientation than its and Mr. Peter Unwin of Transparency Interna- previously legal-rational model. It has been mod- tional-United Kingdom. It would also like to thank ernizing the public service, emphasizing quality Mr. Gary Davis, Deputy Director, for presenting service, performance and professionalism. Given the paper prepared by the United States Office of this overall context, the Government of Brazil Government Ethics. Further, the Division would considered ethics in the public service to be a like to thank the international discussants, Mr. timely issue. The integrity of public servants has a Howard Wilson, Canadian Ethics Counsellor, and direct bearing, not only on their performance but Mr. Janos Bertok, Administrator, Public also on public perception of government Management Service (PUMA), the Organisation credibility. for Economic Cooperation and Development (OECD), for their commentaries and presentations This report has been prepared by the Governance of experience of other countries. and Public Administration Branch of the Division for Public Economics and Public Administration (GPAB/DPEPA). The Division would like to Guido Bertucci acknowledge the contributions of Ms. Elia Yi Director Armstrong, a UN/DESA Consultant. It would also Division for Public Economics and Public like to acknowledge the work of Mr. Francisco Administration Amorim, UN/DESA Interregional Adviser, who Department of Economic and Social Affairs was instrumental in collaborating with the Government of Brazil in the conception and planning of the event. iii Contents Executive Summary..........................................................................................................................1 Introduction ......................................................................................................................................3 Part I Colloquium Summary......................................................................................................... 7 Part II Contributed Papers Higher Civil Services Ethics ..................................................................................... 14 by Minister Luiz Carlos Bresser Pereira Brazilian Federal Administration and State Reform The Essence of Public Service Professionalism.......................................................... 21 by Professor Gerald Caiden University of Southern California Ethics Programmes as a Means of Fighting Corruption.............................................. 32 by the United States Office of Government Ethics The Role of the Private Sector and Civil Society ....................................................... 39 by Mr. Peter Unwin Transparency InternationalUnited Kingdom Executive Summary Ethics is gaining prominence in the discourse professional associations discussed launching a about governance today. There is a perception that national ethics initiative in the public service. The standards in public life are in decline. This raises United Nations involvement indicated its interest questions about the costs of misconduct on the part in and a mandate for assisting Member States to of those who have been entrusted with guarding improve their public administration in order to public interest and resources. These costs are better achieve their economic and social losses in trust and confidence in public institutions development goals. For fifty years, the United and losses in precious resources which were meant Nations Programme in Public Administration and to support the economic and social development of Finance has been providing research and analysis nations and peoples. There is a move worldwide to to inter-governmental bodies and policy advice restore a measure of trust and integrity in public and technical cooperation to Member States, upon institutions and officials, to safeguard democracy request. and promote better governance. Although the issues discussed during the Like many other countries, Brazil is currently re- Colloquium were placed in the Brazilian context, examining the role of the state, after having they are universal in scope. The programme started launched a reform of the state in 1995. As part of with the questions, what are professional ethics this exercise, Brazil has also been making a and, more specifically, what are civil service conscious shift towards a managerial admini- ethics? This was followed by a discussion of the stration, with a greater results-orientation than its values which embody the essence of public service previously legal-rational model. It has been professionalism. Then a very concrete example of modernizing the public service, emphasizing an ethics programme was given to illustrate how quality service, performance and professionalism. these values could be translated into a system of Given this overall context, the Government of workable, manageable and enforceable standards. Brazil considered ethics in the public service to be Finally, the importance of involving actors outside a timely issue. The integrity of public servants has of the public service the private sector and civil a direct bearing, not only on their performance but societyand their roles were debated. In also on public perception of government conclusion, the participants recommended a credibility. number of specific measures to promote ethics in the public service, including fostering public At the invitation of the Government of Brazil, involvement, improving the legal framework and United Nations Department of Economic and instituting ethics as an integral part of human Social Affairs (UN/DESA), Division for Public resources management in the public service. Economics and Public Administration (DPEPA) co-organized a national colloquium in Brazil on The Colloquium witnessed presentations and Promoting Ethics in the Public Service, in 1997. discussions that are relevant not only to Brazil but In Brasilia, 300 senior federal and state public to other countries, in either introducing or making servants as well as representatives from the changes to ethics management in their public business community, the media, the academy, and service. iv Promoting Ethics in the Public Service Introduction Ethics and governance Member States upon request. It has organized fora where countries could consult one another about Ethics is gaining prominence in the discourse their experiences, both in comparing problems about governance today. There is a perception that which they face and sharing best practices in standards in public life are in decline. This raises finding solutions. questions about the costs of misconduct on the part of those who have been entrusted with guarding Currently,