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5 Public Civil Service Values and Ethics in Public Administration

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31 views81 pages

5 Public Civil Service Values and Ethics in Public Administration

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satorougojo031
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PUBLIC/CIVIL SERVICE VALUES

AND ETHICS IN PUBLIC


ADMINISTRATION
ANUPAM GAURAV
SYLLABUS

● Status and Problems


● Ethical concerns and Dilemmas
○ Government Institutions
○ Private Institutions
SYLLABUS

● Sources of Ethical Guidance


○ Laws
○ Rules
○ Regulations
○ Conscience
SYLLABUS

● Governance
○ Accountability
○ Ethical Governance
○ Strengthening of Ethical Values
○ Strengthening of Moral Values
SYLLABUS

● Ethical Issues
○ International Relations
○ Funding
● Corporate Governance
PUBLIC LIFE

Public life encompasses various political, cultural, social, and


economic structures, including workplaces, constituting the
foundation of cohesive societies.

Individuals occupying leadership positions within organizations,


those who wield influence over others, are, to varying degrees,
participants in public life.
PUBLIC LIFE
PUBLIC SERVICE

A public service is a resource offered by an organization, typically


a government agency or private business, intended to support
members of a community.
Public services include health care, waste removal and
transportation, and are systems and solutions that can benefit
various groups of individuals.
The government may offer these services itself or offer funding to
a private organization to provide them to community members.
PRINCIPLES OF PUBLIC LIFE

‘Seven Principles of Public Life’ has been set out by Nolan


Committee that is believed to apply in the public service.
● Selflessness
● Integrity
● Objectivity
● Accountability
● Openness
● Honesty
● Leadership
VALUES ASSOCIATED WITH PUBLIC SERVICE

● Honesty and Integrity


● Impartiality
● Respect for the Law
● Respect for the Persons
● Diligence
● Economy and Effectiveness
● Responsiveness
● Accountability
PUBLIC VALUES

In government public value refers to an appraisal of what is


created and sustained by government on behalf of the public.

According to Moore aim of managerial work in the public sector is


to create public value just as the aim of managerial work in the
private sector is to create private value.
PUBLIC VALUES

Public values are those values that provide normative consensus


about:
the rights, benefits, and prerogative to which citizens should (and
should not) be entitled;
the obligation of citizens to society, the state, and one another;
and
the principle on which governments and policies should be based.
PUBLIC VALUES

It is created when policy and management strategies are


politically legitimate, feasible, and sustainable, operationally
possible and practical, and of substantive value to the citizenry.

Public value is destroyed when the wrong decisions are made


about the needs to be satisfied, the strategies to satisfy the
selected needs, and the processes to produce and deliver services.
PUBLIC VALUES

● Patriotism and upholding national pride.


● Allegiance to the Constitution and the law of the nation.
● Objectivity, courtesy, and transparency.
● People-centric values like compassion, humanity,
benevolence, fairness and tolerance.
GENERAL SOCIAL VALUES

● Public Sector’s Contribution to Society: Common Good,


Alturism, Sustainability, Regime Dignity
● Transformation of Interests to Decisions: Majority rule,
User Democracy, Protection of Minorities
● Relationship between Public Administrators and
Politicians: Political Loyalty
● Relationship between Public Administrators and their
Environment: Openness-secrecy, Advocacy-neutrality,
Competitiveness-cooperativeness
ORGANISATIONAL VALUES

● Intra-Organisational Aspects of Public Administration:


Robustness, Innovation, Productivity, Self-development of
employees
● Behaviour of Public Sector Employees: Accountability
● Relationship between Public Administration and Citizens:
Legality, Equity, Dialogue, User Orientation
PUBLIC ADMINISTRATION

It is an executive branch of government. It essentially deals with


the machinery and procedures of government as these are used in
effective performance of government activities.

Administration: Co-operative human effort towards achieving


some common goals.

Public: In formal terms it means ‘government’.


PUBLIC ADMINISTRATION

Public Administration: It is the species of administration which operates


within a specific political setting. It focuses specifically on public bureaucracy.
CHARACTERISTICS
● Executive branch of government.
● Related with activities of the State.
● Carries out public policies.
● It is politically neutral.
● Realises aspirations of the people as formulated and expressed in laws.
● Commitment and dedication to the well being of the people.
ETHICS IN PUBLIC ADMINISTRATION

Ethical public service is considered as a prerequisite of well


functioning democracy.

Ethical, transparent and accountable public sector is also a


precondition of good governance that ensures sustainable
development and responsive public policy. It helps to improve
performance of public sector by preventing systemic corruption.
EFFECTIVENESS OF PUBLIC ADMINISTRATION

It depends on the understanding and cooperation between the citizens


and public servants. The primary concern of the citizens in a good civil
society is that their government must be fair and good.

It is essential that government’s systems and subsystems of governance


are efficient, economical, ethical, and equitable.

The governing process must be just, reasonable, fair, citizen friendly,


accountable and responsive, besides promoting transparency and
people’s participation.
EFFECTIVENESS OF PUBLIC ADMINISTRATION

The “ethics infrastructure” includes measures to enhance and


preserve organizational integrity, access to information that
promotes transparency and accountability and prevents misuse of
power by public personnel.

Decision making by the administrators must be based on fairness,


transparency and accountability and a sense of public interest, as
well as the careful exercise of the legal authorities delegated by
the Parliament.
CODE OF ETHICS FOR PUBLIC ADMINISTRATORS

● Public interest above self-interest and subordinate institutional


loyalties to the public good.
● Recognize and support the public’s right to know the public’s
business and involve citizens in decision making policy.
● Respect the Constitution and the Law that define responsibilities of
public agencies, employees, and all citizens and promote
constitutional principles of equality, fairness, representativeness,
responsiveness, and due process in protecting citizens' rights.
CODE OF ETHICS FOR PUBLIC ADMINISTRATORS

● Commitment to perform duties honestly and should not


compromise them for advancement, honour, or personal gain.
● Public officials make every effort to strengthen organizational
capabilities to apply ethics, efficiency, and effectiveness in
serving the public.
ETHICS IN PUBLIC ADMINISTRATION : STATUS
ETHICS IN PUBLIC ADMINISTRATION : PROBLEM
DETERMINANTS OF ETHICS

Political construct of which public administrators are a part:


Individual attribute of public/civil servants include ethical
decision making skills, mental attitude, virtues, and professional
values.
Legal framework: Organizational structure dimension is
explained by clear accountability, collaborative arrangements,
dissent channel, and participation procedures.
DETERMINANTS OF ETHICS

Administrators and public employees who are responsible for the


provision of public service: Political organizational culture includes
artefacts, beliefs and values, and assumptions. Leadership is important in the
development, maintenance, and adaptation of organizational culture. Ethical
behaviour is encouraged when organizations have a climate where personal
standards and employee education are emphasized, where supervisors stress
the truth, and where employees regularly come together to discuss ethical
problems.
Citizens and users of public services that are a part of the civil society:
Societal expectations includes public participation, laws, and policies.
SALIENT ASPECTS

Legality and Rationality Responsibility and Accountability


Work Commitment Excellence
Fusion Responsiveness and Resilience
Utilitarianism Compassion
National Interest Justice
Transparency Integrity
CORRUPTION

Corruption is an important manifestation of the failure of ethics.

Corrupt is derived from Latin word ‘corruptus’, meaning ‘to break


or destroy’.

Corruption has, for many, become a matter of habit, ranging from


grand corruption involving persons in high places to retail
corruption touching the everyday life of common people.
CORRUPTION

FACETS
● Institutional
● Individual
ETHICAL ISSUES FACED BY CIVIL SERVANTS

● Asymmetric distribution and Abuse of Power


● Lack of Accountability
● Political interference and Cronyism
● Lack of Integrity
● Lack of Action against corrupt officials
● Lack of proper protection to whistleblower
● Lack of proper Code of Conduct for Public Servants
● Lack of transparency and sensitivity towards common man
SECOND ADMINISTRATIVE REFORMS COMMISSION

Corruption is a matter of concern particularly at cutting edge


levels of bureaucracy.
Perceptible lack of commitment in public servants towards
redressal of citizens’ grievances.
Red-tapism and unnecessary complex procedures add to hardship
of citizens.
Government servants are rarely held to account and complaints to
higher authorities usually go unheeded.
SECOND ADMINISTRATIVE REFORMS COMMISSION

Attitude of many public functionaries is one of arrogance and


indifference.
Frequent transfer of officers reduce their effectiveness and also
dilutes their accountability.
Unholy nexus between politicians and bureaucrats lead to poor
governance.
VALUE CONFLICTS

Promotion of Equal Opportunity: Conflicts among values such


as efficiency, justice, equality, diversity, merit and individual
achievement.
Crime Prevention: Conflicts among values such as liberty, safety,
due process, equality, effectiveness, access and justice.
Domestic Security Policies: Conflicts among values such as
knowledge generation, information sharing, confidentiality,
privacy, civil liberties, individual rights and safety.
PUBLIC INTEREST AND PUBLIC ADMINISTRATION

PHILOSOPHIES OF PUBLIC INTEREST


● Intuitionist Philosophy
● Perfectionism
● Utilitarianism
● Theory of Justice
● Human Rights Approach
● Egalitarianism
● Constitutional Morality
DILEMMA

It is a problem offering two possibilities, neither of which is


practically acceptable.

Personal Cost Ethical Dilemmas


Right-versus-Right Ethical Dilemmas
Conjoint Ethical Dilemmas
ETHICAL DILEMMA

An ethical dilemma arises from a situation that necessitates a


choice between competing sets of principles. In other words it can
be described as circumstances that requires a choice between
competing sets of principles in a given, usually undesirable or
perplexing, situation.
ETHICAL DILEMMA

● Dilemmas involving Fairness


● Dilemmas involving conflict between Personal and Public
Interest
● Dilemmas involving Faithful Execution of Official Duties
● Dilemmas involving Acting with Integrity
● Dilemmas involving Accountability
RESOLVING ETHICAL DILEMMA

Democratic answerability of governance.


Application of law and notion of legality.
Official honesty.
Alertness to civil society needs.
Maintaining balance between responsibilities and ministers.
Upholding rule of law, due process, fairness and tact in carrying
responsibilities.
Upholding high standards of administrative, financial, ethical and
moral standards.
CRISIS OF CONSCIENCE

CONSCIENCE: It is defined by its inward looking and subjective


character, in the following sense, conscience is always knowledge
of ourselves, or of moral principle we have committed to, or
assessment of ourselves, or motivation to act that comes from
within us. It refers to a person’s sense of right or wrong.

UN Declaration of Human Rights: Article 18


“Everyone has the right to freedom of thought, conscience, and
religion.”
CRISIS OF CONSCIENCE

It is a situation in which it is very difficult to decide what the right


thing to do is.
SOURCES OF ETHICAL GUIDANCE

LAW
It refers to set of codified norms which are enforced by the state
to achieve the common good in the society or the country. They
help in maintaining order, establishing standards, protecting
liberties, and resolving disputes.
According to St. Thomas Aquinas, law is defined as an ordinance
of reason for common good, promulgated by him who has care of
the community.
SOURCES OF ETHICAL GUIDANCE

DIVISION OF LAW
● Natural Law
○ Universal
○ Immutable
● Positive Law
○ Civil Law
○ Criminal Law
SOURCES OF ETHICAL GUIDANCE

RULES
They are more flexible and carry low-end consequences. It can be
both formal or informal.
It often work hand-in-hand to ensure that citizens act in a certain
manner, and likewise coordinate efforts to protect health, safety
and welfare of public.
SOURCES OF ETHICAL GUIDANCE

RULES v. LAWS
● Rules and laws are different types of instructions. Consequence of not
following laws are much more serious.
● Rules are instructions for a place or situation.
● Rules are specific to a group but law in general is specific to a subject
matter and applicable to all.
● Breaking rule may have consequence to the members of the group but
same won’t be applicable in breaking law (only in relation to group).
● Laws are rules applicable to people of all groups and at all times.
● Laws are made by the legislature but the same is not the case for rules.
● People have to face major consequences by breaking law.
SOURCES OF ETHICAL GUIDANCE

REGULATION
It is rigid set of rules authorised by legislation. It helps to clarify
the laws. They focus on individual goods and the authority to
make regulations lie also with the private individuals.
SOURCES OF ETHICAL GUIDANCE

CONSCIENCE
It is an internal aspect of human being that determines the
morality of human act.
It is special act of mind that comes into being when intellect
passes judgement on the goodness or badness of a particular act.
Ethical obligation guides us to choose the right path and fulfill the
purpose of service.
GOVERNANCE

Governance is a system that provides a framework for managing


organizations. It identifies who can make decisions, who has the
authority to act on behalf of the organization, and who is
accountable for how an organization and its people behave and
perform.
ACCOUNTABILITY

It means answerability of officials for their decisions and actions.


It ensures that officials in public, private, and voluntary sector
organisations are responsible and answerable for their actions
and there is a redress when duties and commitments are not met.
DIMENSIONS OF ACCOUNTABILITY

● Legal: Rule of Law


● Fiscal: Use of Public funds
● Policy and Performance: Meeting goals, promises, and
expectations.
● Democratic: Informing and consulting legislature and
citizens.
● Ethical: Behaving in accordance with the codes of ethics or
general moral standards.
TYPES OF ACCOUNTABILITY

According to World Bank


● Micro Accountability: It is critical in ensuring government
responsiveness to the views and needs of public for which
service are intended. “Voice” and “Exit” underscore its
importance.
● Macro Accountability: Financial accountability and overall
economic performance.
TYPES OF ACCOUNTABILITY

GOVERNMENT ACCOUNTABILITY
It means that the public officials - elected and unelected - have an
obligation to explain their decisions and actions to the citizens.

Political, legal and administrative mechanism designed to prevent


corruption and ensure that public officials remain answerable and
accessible to the people they serve.
GOVERNANCE

Government refers to machinery and institutional arrangement of


exercising the sovereign power for serving the internal and
external interest of the political community.

Governance means the process as well as result of making


authoritative decisions for the benefits of the society.
GOOD GOVERNANCE

The government shall govern “so long as they can protect the
interest of the people or the trust the people have placed in them”.
John Locke
ETHICAL GOVERNANCE

Ethical governance is a concept related to good governance. It


requires the public officials adhere to the principles of serving
others by setting high standards of moral conduct and by
considering their job as vocation.

● Vocation: Purpose driven life devoted to the well being of all.


PARAMETERS OF GOOD GOVERNANCE

● Voice and Accountability


● Absence of Political Instability and Violence
● Government Effectiveness
● Reasonableness of Regulatory Burden
● Rule of Law
● Absence of Graft
ETHICAL COMPETENCE

● Problem Identification Skills


● Problem Solving Skills
● Integrity Skills
● Advocacy Skills
● Self Awareness and Trust Building
● Subject Matter Knowledge
● Attitude and Commitment
STRENGTHENING MORAL AND ETHICAL VALUES

● Leadership
● Working Environment
● Workable Codes of Conduct and Value Statement
● Professional Socialisation as Training
● Risk Review
● Civil Society Engagements
● Integrity Pacts
● Proactive/Preventive Vigilance
● Controls
STRENGTHENING MORAL AND ETHICAL VALUES

Ethical standards for public service should be clear.


Ethical standards should be reflected in legal framework.
Ethical guidance should be available to public servants.
Public servants should know their rights and obligations when
exposing wrongdoing.
Political commitments to ethics should reinforce the ethical
conduct of public servants.
The decision making process should be transparent and open to
scrutiny.
STRENGTHENING MORAL AND ETHICAL VALUES

There should be clear guidelines for interaction between public and private
sectors.
Managers should demonstrate and promote ethical conduct.
Management policies, procedures and practices should promote ethical
conduct.
Public service conditions and management of human resources should
promote ethical conduct.
Adequate accountability mechanisms should be in place within the public
service.
Appropriate procedures and sanctions should exist to deal with misconduct.
ETHICS IN INTERNATIONAL RELATIONS

International ethics refers to the good that international


interactions, exchanges, relations can bring to our planet earth
and to all life forms and which can be harmed by unfriendly,
hostile, and uncooperative behaviours.
CULTURAL RELATIVISM
ETHICAL IMPERIALISM
PHILOSOPHY OF INTERNATIONAL ETHICS

REALISM: Only thing that matters is power.


IDEALISM: Focuses on “common interests”.
CONSTRUCTIVISM: Focuses on foreign policy, diplomatic
initiatives etc.
COSMOPOLITANISM: It focuses on behaviour as one wants others
to behave with them.
PHILOSOPHY OF INTERNATIONAL ETHICS

● EQUALITY OF LIFE: Every life is considered to have equal


moral weight.
● CONSTRAINED CHOICES AND INTERNATIONAL ETHICS:
Choices at international level is not free but is constrained by
the domestic preferences.
● ECONOMIC, SOCIAL, AND ENVIRONMENTAL FRAMEWORK:
They focus to define frameworks to reduce the gaps in the
international sphere.
UN CHARTER PRINCIPLE OF INTERNATIONAL ETHICS

Article 1: The Purpose of UN is to maintain international peace


and security.
Article 2: The organization and its members, in pursuit of
Purpose mentioned in Article 1, shall act in accordance with
various principles.
PRINCIPLES UNDER ARTICLE 2

● Basis of Organization: Sovereign equality of all its members.


● All members should ensure rights and benefits to all members
resulting from membership.
● Settlement of international disputes by peaceful means.
● All members should refrain from threat or use of force.
● All members should give assistance according to the Charter.
● Organization should ensure that non member countries must
act as far as possible in accordance with the Charter.
SOFT POWER AND INTERNATIONAL ETHICS

Social Capital
Human Capital
ETHICAL CONCERNS IN INTERNATIONAL SPHERE

Irrationality
Coercion
Paternalism
Cultural Relativism and Ethnocentric Act
Economic and Political Imperialism
Asymmetry in Negotiation
ETHICAL ISSUES IN INTERNATIONAL SPHERE

Management of Common Goods: High Seas, Climate Change, Outer


Space
Humanitarian Intervention
Disarmament
Intellectual Property Right
ETHICAL ISSUES IN INTERNATIONAL FUNDING

Conditionality
Debt Trap Diplomacy
BUSINESS ETHICS

Business Ethics is the study of business situations, activities, and


decisions where issues of right and wrong are addressed.
Andrew Crane
The ethics of business is the ethics of responsibility. The business man
must promise that he will not harm knowingly.
Raymond C. Baumhart
Business Ethics is primarily concerned with the relationship of
business goals and techniques to specific human needs.
Thomas M. Garett
PRINCIPLES OF BUSINESS ETHICS

Rule of Publicity
Rule of Equivalent Price
Rule of Conscience in Business
Rule of Spirit of Service
UNETHICAL PRACTICES IN BUSINESS

Unethical practices or behaviour in business refers to actions that


fail to rise in acceptable standards of business practices.
● Managerial Misbehaviour: Illegal and unethical practices
involved in the management of an organization.
● Moral Mazes: It includes ethics problems such as conflicts of
interest, misconduct of contracts and agreements, and illegal
use of resources.
CERTAIN UNETHICAL PRACTICES IN BUSINESS

Environmental Pollution
Inhuman Treatment of Workers
Delay in Payment of Salaries
Discrimination based on Race, Gender, Class, etc.
Personal use of Company Property
Termination without Fair Notice or Cause
Fake Advertisement
Refusal to Provide Services
Producing Defective or Harmful Products
CORPORATE GOVERNANCE

It is defined as a set of systems, processes, and principles which


ensure that a company is governed in the best interest of all
stakeholders.
CORPORATE GOVERNANCE ENSURES
● Adequate disclosure and effective decision making
● Transparency
● Statutory and Legal compliance
● Protection of Shareholders Interest
● Commitment to values and ethical conduct of business
VALUES FOR CORPORATE GOVERNANCE

Fairness
Openness/Transparency
Independence
Probity/Honesty
Responsibility
Accountability
Judgement
Integrity
PUBLIC ENTERPRISE

A public enterprise is a business organization that is fully or


partially owned and controlled by the state.
The primary objective of a public enterprise is to uphold the
interest of the general public and ensure social welfare.
ISSUES
● Government Monopoly
● Ownership Concentration
● Regulatory Capture
● Redistribution of Resources
CHALLENGES IN PUBLIC ENTERPRISE

Unclear Ownership Objectives


Weak Owners
Low levels of Transparency and Disclosure
Unprofessional Board of Directors
CORPORATE SOCIAL RESPONSIBILITY

It is a phenomenon wherein organisation serve the interest of


society by taking responsibility for the impact of their activities
on customers, employees, shareholders, communities, and the
environment in all aspects of their operations.
THREE CORPORATE RESPONSIBILITIES
● Political Responsibilities
● Social Responsibilities
● Economic Responsibilities
CORPORATE SOCIAL RESPONSIBILITY

ARGUMENTS IN FAVOUR OF CSR


Stakeholder Theory
Sustainability
Improves the Image of the Company
Satisfied Employees
Overall Improvements
Long term future for Business
ETHICAL DILEMMAS FOR CORPORATES

Corruption
Industrial Espionage
Relation with the Environment
Relation with the Employees
Relation with the Consumers
Conflict in Organizational Goals & Values and Personal or Social
Values
HOSMER’S PRINCIPLE OF ETHICAL DECISION MAKING

Principle of Long-term Self-interest


Principle of Personal Virtue
Principle of Religious Injunction
Principle of Government Requirements
Principle of Utilitarian Benefit
Principle of Individual Rights
Principle of Distributive Justice

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