code of conduct

Mediating Election Conflict in a Bruised Society: Code of Conduct Monitoring Committees in Post-War Sierra Leone, 2006-2012

Author
Rachel Jackson
Country of Reform
Abstract

Sierra Leone's contentious 2007 presidential and parliamentary elections threatened to spark violent conflicts across a country just recovering from brutal civil war. To promote peace, the Political Parties Registration Commission (PPRC)-which had a constitutional mandate to regulate and monitor political parties to ensure their compliance with electoral laws-used national and district code-monitoring committees to encourage adherence to the electoral code of conduct and to mediate conflicts. The committees served as a dispute resolution mechanism and as an important early warning system to identify electoral violence. Partly because of those measures, the 2007 national elections and the 2008 local council elections were largely peaceful despite pessimistic early warning reports. As the 2012 elections approached, the PPRC restructured the committees to include traditional leaders in order to strengthen the committees' capacity to mediate local conflicts. The restructuring enabled the committees to address electoral conflicts more effectively across Sierra Leone.

Rachel Jackson drafted this case study based on interviews conducted in Sierra Leone, in February 2013. Case published July 2013.

Associated Interview(s):  Dr. Clever NyathiMagnus Öhman

Swimming Against the Tide: Implementing Ghana’s Anticorruption Action Plan, 2014–2016

Author
Tristan Dreisbach
Focus Area(s)
Country of Reform
Abstract

In 2014, Ghana began to implement its National Anti-Corruption Action Plan, adopted a decade after the West African country signed the United Nations Convention against Corruption.  With over 120 goals, the plan’s strategy was wide-ranging and ambitious. The goals included strengthening the public service code of conduct, improving the asset declaration system, and expanding freedom of information, as well as adopting many new laws. About 15 other countries around the globe had announced similar aims, though few included as many goals in their plans or required as many statutory changes. Ghana’s Commission on Human Rights and Administrative Justice, which was responsible for translating the strategy into practical accomplishments, faced stiff challenges, including limited coordination capacity, electoral disruption, reluctant legislators, and a few scandals that drew the government’s credibility into doubt. By the early months of 2017, the commission was still struggling to implement important parts of the strategy, but there were a few signs of progress: more public agencies were beginning to report regularly on the actions they had taken to meet their goals, a memorandum of understanding to improve coordination among parts of the anticorruption system was in place, and the Electoral Commission had stepped in to require asset declaration by candidates—even while bigger changes remained mired in the legislature. Ghana’s experience illuminated the challenge of introducing broad anticorruption policies in the face of embedded opposition and the ways that dedicated citizens and officials could take smaller but still significant steps to improve governance.

Tristan Dreisbach drafted this case study based on interviews conducted with the assistance of Gordon LaForge in Accra, Ghana, during September 2016, February 2017, and August 2017. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Progamme funded the development of this case study. Case published September 2017.

 

Tackling Corruption from the Bottom Up: Decentralized Graft Prevention in Mauritius, 2009-2016

Author
Tristan Dreisbach
Country of Reform
Abstract

Citizens of the Indian Ocean nation of Mauritius worried openly about corruption and petty bribery in government, just after the millennium. Surveys revealed that civil servants often took advantage of archaic and overly bureaucratic procedures, offering to reduce delay in return for cash. In 2009, Anil Kumar Ujoodha, director general of the national government’s Independent Commission Against Corruption, introduced a new prevention program. He proposed a bottom-up strategy to reduce opportunities for bribe taking, nepotism, and conflicts of interest in the public service. Rather than handing down orders, policies, and procedures for fighting corruption, Ujoodha and his top staff shifted responsibility for the revision of practices to government agencies and their employees. Commission staff guided each agency through the process of setting up an anticorruption committee, assessing institution-specific corruption risks, developing solutions, and monitoring implementation. After piloting the new approach with the police and the Civil Status Division, the commission scaled up the initiative; and by 2016, more than 70 of the island nation’s more than 200 agencies had agreed to implement more than 380 different measures to address corruption risks. Although the coordinated strategy purposely sidestepped certain major concerns such as the influence of money on elections, it succeeded in reducing the incidence of highly visible forms of graft that undermined government credibility at the grassroots level. The measures also helped the government meet its obligations under the United Nations Convention against Corruption and other international agreements.

Tristan Dreisbach drafted this case study based on interviews conducted in Mauritius in December 2016. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Program funded the development of this case study. Case published February 2017. ​

Implementing Standards without the Force of Law: India's Electoral Conduct Code, 1990-2001

Author
Rushda Majeed
Country of Reform
Abstract
T.N. Seshan took over as head of the Election Commission of India in 1990, when negative campaigning was on the increase. Candidates appealed to voters on caste and communal lines, sometimes provoking violence. A voluntary Model Code of Conduct, designed to help moderate the excesses of political parties during elections, had lain dormant since its creation 30 years earlier. During the next 11 years, Seshan and his successor, M.S. Gill, worked to elevate the code’s norms and to elicit compliance. Although some campaign excesses persisted, by 2010 the code had become an effective tool for shaping electoral tactics and the behavior of political parties in India. This case offers insights into how to build acceptance of standards that have no force of law.

Rushda Majeed drafted this case on the basis of interviews conducted in New Delhi in November 2010. Case published June 2011.
 
Associated Interview(s):  S.K. Mendiratta, Shri Baijayant Jay Panda

A Path to Peace: Liberia's First Post-War Elections, 2004-2005

Author
Michael Scharff
Country of Reform
Abstract
In 2005, Liberia held its first post-conflict elections, two years after a peace agreement ended 14 years of civil war. Navigating treacherous political waters and facing both time constraints and citizen skepticism, Frances Johnson-Morris, chairwoman of the newly installed National Elections Commission, oversaw a largely peaceful electoral process that ushered in a new legislature and president. A former Supreme Court chief justice, she knew that failure to hold credible elections could plunge the peace process into disarray and send the country back into conflict. To dampen the risk of violence, Johnson-Morris prioritized building citizens’ trust in the commission and took steps to ensure the elections were as inclusive as possible. She established a vetting process to hire qualified staff for the commission and conducted a thorough update of the voter registry that ensured people who lacked standard identification papers could still sign up to vote. Johnson-Morris also oversaw the design of a consultation committee that put political party representatives and elections commission staff in one room, where they could share important messages and formulate unified policy. Ordinary Liberians and independent observers expressed satisfaction with the free, fair and peaceful conduct of the elections.  
 
Michael Scharff drafted this case study on the basis of interviews conducted in Monrovia, Liberia, in July 2011 and using interviews conducted by Nealin Parker in August 2008. Case published October 2011.
 
Associated Interview(s):  Thomas Du, Senesee Geso Freeman

Creating Avenues to Resolve Election Disputes: Conflict Management Committees in Zambia, 2001-2011

Author
Rachel Jackson
Country of Reform
Full Publication
Internal Notes
04/12/2013: case uploaded by SM
04/15/2013: copyright date corrected by SM
Abstract

In 2001, the Electoral Commission of Zambia faced a tense presidential and parliamentary election. The commission needed a new mechanism to stave off conflict, clarify responsibilities for dispute resolution, and provide complainants with an effective outlet for their concerns. Inspired by the use of a similar system in South Africa, the commission leaders developed conflict management committees at both the national and district levels. The committees—comprising representatives from political parties, law enforcement, civil society, and faith-based organizations—mediated conflicts related to violations of the electoral code of conduct. The electoral commission piloted the committees in the 2001 elections, before fully implementing and strengthening the committees at the national level and in the 74 electoral districts for the 2006 elections. The mediation system helped Zambia navigate an unexpected by-election following the death of President Levy Mwanawasa in 2008 and an opposition victory over the ruling party in 2011. Though some challenges remained, the electoral commission staff and committee members credited the committees with helping the country navigate competitive elections and reduce tensions between competing parties.

 
Rachel Jackson drafted this case study based on interviews conducted in Lusaka, Zambia, in November 2012. Case published April 2013.
 
Associated Interview(s): Eric Kamwi, Priscilla Isaac

Lisa Cleary

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N
Focus Area(s)
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3
Country of Reform
Interviewers
David Hausman
Name
Lisa Cleary
Interviewee's Position
Human Resource Adviser
Interviewee's Organization
Public Service Improvement Program, Solomon Islands
Language
English
Nationality of Interviewee
Australian
Country
Date of Interview
Reform Profile
No
Abstract

Lisa Cleary talks about the role of the Public Service Improvement Program and her role as human resource adviser to develop a human resource strategy for the Solomon Islands.  First, she conducted a human resource survey across every ministry in order to develop a baseline for future work the PSIP would do to put a new payroll system in place.  Then she mapped workforce budgeting to prepare a strategic plan to change the way people are recruited and hired in the workforce and to develop a collective bargaining agreement.  She talks about problems such as patronage appointments, the length of time between recruitment and processing an appointment, the inequities in salary structure, the problems in service delivery and the problem of accelerated promotions.  She also talks about devising an administrative procedure toolkit for civil service positions as a way to achieve change in the processes to make them transparent and fair.

Case Study:  Starting from Scratch in Recruitment and Training: Solomon Islands, 2004-2009

Profile

At the time of this interview, Lisa Cleary was the human resource adviser for the Public Service Improvement Program in the Solomon Islands . She served previously as human resource adviser for the correctional service in the Solomon Islands. Before that, she worked with human resources in the correctional service in Queensland, Australia.

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76MB
Full Audio Title
Lisa Cleary Interview

David Kialain

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B
Focus Area(s)
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9
Country of Reform
Interviewers
Summer Lopez
Name
David Kialain
Interviewee's Position
Senior Manager
Interviewee's Organization
Public Sector Reform Program, Liberia
Language
English
Nationality of Interviewee
Liberian
Town/City
Monrovia
Country
Date of Interview
Reform Profile
No
Abstract

David Kialain details his involvement in public sector reform in Liberia, elaborating on the role of the Governance Commission in initiating change within Liberia. Dr. Kialain identifies problems and suggests possible solutions to governmental reform, touching upon the lack of harmonization across governmental agencies, the inadequate human resource capacity, the difficulties in collaborating with numerous stakeholders to bring about reform, and the steps needed to ensure a positive response to reform initiatives. He outlines the work the Governance Commission has undertaken, including the development of civil service rules and procedures, a code of conduct for public servants, and an anti-corruption law. He further talks of the importance of attracting and retaining professionals to work within governance, discussing methods to reduce political and social influences in employee recruitment and promotion. Conscious of the heavy reliance on external assistance in Liberia, Kialain stresses the need for tailoring reform to Liberia such that Liberian leadership spearheads the country towards a better future, one where the right people have the right jobs.     

Profile

At the time of this interview, David Kialain was the senior manager of the public sector reform program in Liberia's Governance Commission.  He had previously served as the executive director of the Governance Commission and as a policy economist for the Ministry of Planning and Economic Affairs. Dr. Kialain also worked as an international consultant funded by the British government under the Department for International Development (DFID). His non-governmental experience includes international missionary work for the United Methodist Church in Nigeria, the United States and Sierra Leone. He obtained masters degrees in human resource development from Georgia State University in the U.S. and in economics from the University of Windsor, Canada and earned his Ph.D. in Public Administration from Georgia State University.

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47 MB
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David Kialain - Full Interview

Ellam Tangirongo

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15
Country of Reform
Interviewers
David Hausman
Name
Ellam Tangirongo
Interviewee's Position
Chairman
Interviewee's Organization
Civil Service Commission of the Solomon Islands
Nationality of Interviewee
Solomon Islands
Country
Date of Interview
Reform Profile
No
Abstract

Ellam Tangirongo talks about the period of civil unrest from 1999 to 2000, when the collapse of the economy in the Solomon Islands affected the ability of the civil service to function.  The Regional Assistance Mission for the Solomon Islands (RAMSI), made up of Australia, New Zealand and some of the South Pacific Islands, helped restore order and reestablished the public service.  Tangirongo describes how, as part of RAMSI, the Public Service Improvement Program (PSIP), with the help of consultants and advisers, developed a vision and mission statement for a new public service free of corruption.  Tangirongo talks about methods the PSIP used to establish a human resource program to improve practices involving recruitment, training, equipment and promotions at the national and provincial level.  He discusses the problems that result when ministers try to influence the choice of members on the Civil Service Commission and the important task of the commission in serving as a coordinating organ to involve the ministries and senior officers.

Profile

At the time of this interview, Ellam Tangirongo was chairman of the Public Service Commission of the Solomon Islands, a position he had held since 2008.  A public-service career of more than 30 years began in the provinces of the Solomons.  Later, he became deputy secretary of foreign affairs and served in the Ministry of Lands, the Ministry of Health and the Ministry of Women.  For eight years he served in in the Public Service Department of the prime minister’s office, including the last four years as permanent secretary.

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59MB
Full Audio Title
Ellam Tangiorngo Interview

João Geraldo Piquet Carneiro

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3
Country of Reform
Interviewers
Deepa Iyer
Name
João Geraldo Piquet Carneiro
Interviewee's Position
Chairman
Interviewee's Organization
Brazil Public Ethics Commission, 1999-2004
Language
English
Nationality of Interviewee
Brazilian
Town/City
Brasilia
Country
Date of Interview
Reform Profile
No
Abstract
João Piquet Carneiro traces the origins of the Code of Conduct to the work of the Council of State Reform convened under President Fernando Cardoso.  After a first draft of the code was completed, the Public Ethics Commission was created by presidential decree with a mandate to clarify gray areas in the duties of senior officials of the executive branch.  Piquet discusses the commission’s political autonomy, its functions that notably excluded any role in coercion or discipline, and its deliberation style that favored unanimity.  He describes the Code of Conduct as a set of general rules mostly concerned with detection and prevention of conflict of interest, which he defines as any activity that may be incompatible with the attributions of public function.  The challenges of initial implementation mainly arose from the code becoming effective mid-administration, thus affecting officials who had already been appointed.  Consequently, the code was not enacted into law, due to the commission’s perception that a) moral commitments are intrinsically more effective than legal ones, b) voluntary adherence would be easier to implement than forced compliance, c) casting the code as a tool to protect officials from trouble resulting from involuntary transgression rather than as a punitive tool would decrease resistance, and d) the long-lasting impact of the code would come from internal respect garnered over time rather than policing, which would need to be perpetual.  Piquet describes successful efforts by the commission to avoid centralization and foster adoption of internal codes of conduct throughout government agencies.  He then discusses the Confidential Declaration of Information, in which public officials disclosed details of their wealth and possible conflicts of interest.  He emphasizes its evidentiary role and its contribution to the specificity of the Code of Conduct, which was continually updated through resolutions. The consistent obstacle he identifies has to do with the small budget allocated to the commission.  Nonetheless, each administration entailed new challenges.  The Cardoso administration addressed the difficulties of initial implementation, which were resolved when compliance with the Code of Conduct became a precondition for taking office.  Under President Lula da Silva, the commission's purview was partially restricted because the president often did not endorse commission recommendations. Piquet notes that lawyers are heavily represented in the current commission, which has led to a drift toward a more formalistic and legal approach to public ethics, with growing emphasis on due-process provisions. 
 
Profile

At the time of this interview, João Geraldo Piquet Carneiro was the chairman of the Hélio Beltrão Institute, a non-profit organization dedicated to the improvement of public administration.  Piquet started his career as a lawyer.  As an economics law professor he became interested in the operation, control and efficiency of governmental bodies.  From 1979 to 1985 he served in the national program of debureaucratization, starting as legal council and eventually assuming the post of  Special Minister when the incumbent left to take another office. In the 1990s, Piquet served as an adviser to the Deregulation Committee of the Presidency convened under the Fernando Collor administration, which constantly posed ethical questions in connection to corruption related to excessive regulation.  In 1991 he returned to government to participate in the State Council on Reform created by President Fernando Cardoso.  As a result of the council’s recommendations for improvement of ethical conduct in public service, the Public Ethics Commission was created in 1999.  Piquet Carneiro served as its chairman from its inception until 2004. 

Full Audio File Size
110MB
Full Audio Title
João Piquet Carneiro Interview