Presentation

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Governance & Integrity Systems

Presented to: February 15, 2005

The World Bank

Core Course on

Governance and

Anticorruption

PRMPS, WBIGP & INT

Presented by:

Bob Barnes

Consultant, ECSPE

Why Does Good Governance,

Ethics and Integrity Matter?

 The high correlation between good governance and the effectiveness of developmental assistance

• The principle of conditionality

• The principle of selectivity

Governance &

Anticorruption

Core Course ‹#› The World Bank

Why Does Integrity Matter?

 High levels of unethical and corrupt behavior in a country’s public and private sectors deter Foreign Direct Investment

(FDI) and inhibit growth

 The ethical reputation of companies as a growing investment factor – after the Enron disaster, this trend is likely to grow even stronger

Governance &

Anticorruption

Core Course ‹#› The World Bank

Why Do Ethics and Integrity

Matter?

 Public confidence in government is key to a stable, functioning democracy

 Unethical behavior in the public sector seriously undermines public confidence

Governance &

Anticorruption

Core Course ‹#› The World Bank

Ethics and Values – What Are

They?

One practical definition of ethics: that set of criteria or principles a person uses when selecting a course of action in the face of competing values

 Values can be ethical values (truthfulness, respect for others) or ethically neutral values (ambition, wish to be respected, desire for wealth, etc)*

*Making Ethical Decisions, The Josepheson Institute of Ethics

Governance &

Anticorruption

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Universal Values

 Descriptive values – the way things are

• Vary from country to country, company to company, organization to organization, and person to person

• No country has a monopoly on virtue

• Political scandals in the West

• Enron, Arthur Anderson, many others

Governance &

Anticorruption

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Universal Values and Ethics

 Aspirational values – the way things should be

• Aspirational values vs Culture – the myths of “that’s the way things are done here (or there)”

• Core aspirational values are widely shared across religions and cultures

Governance &

Anticorruption

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Ethical Dilemmas

 A true ethical dilemma occurs when one is faced by conflicting ethical values

• Honesty vs. Kindness (the white lie)

• Compliance with procedures vs. Justice

An unknowing ethical dilemma occurs when one is faced by conflicting values, but does not realize it

• The value of ethics training

Governance &

Anticorruption

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Ethical Dilemmas

 A false ethical dilemma occurs when a person is faced with a choice between an ethical value and an ethically neutral or even unethical value

• Honesty vs personal success

• The key false dilemma in Enron?

Governance &

Anticorruption

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Ethical Dilemmas

 Unethical behavior occurs when a false ethical dilemma is resolved in favor of the ethically neutral or unethical value

• Lie to make yourself look better, gain wealth, or shift blame

• The key question: Cui Bono? (Who benefits?)

Governance &

Anticorruption

Core Course ‹#› The World Bank

The Goals of a System of Ethics

 Clearly define the aspirational values (the ought)

 Examples of Codes of Conduct/Ethics

• The World Bank Code of Professional Ethics

• Institute of Internal Auditors

• International Chamber of Commerce Rules of Conduct to Combat Extortion and Bribery

• www.iit.edu/departments/csep/PublicWWW/

Contains links to codes and other ethics resources online

Governance &

Anticorruption

Core Course ‹#› The World Bank

The Goals of a System of Ethics

 Align descriptive values (the is) with aspirational values (the ought)

 Mechanisms

• Guidance/training

• Compliance enforcement

• Positive incentives

The World Bank

Governance &

Anticorruption

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The Goals of a System of Ethics

 Minimize ethical dilemmas

 Mechanisms

• Adjust criteria for success – remove pressure to be unethical

• Transparency of interests

• Internal mechanisms for advice

Governance &

Anticorruption

Core Course ‹#› The World Bank

The Goals of a System of Ethics

 Provide a framework for resolving ethical dilemmas that do occur

 Mechanisms

• Ombudsman

• Secure channels for reporting misconduct

• Effective “no retaliation” protection for whistleblowers

Governance &

Anticorruption

Core Course ‹#› The World Bank

Two Approaches to Attain the

Goal*

 Compliance-based ethics management

• Extensive and detailed mandatory rules

• Prescriptive (you must)

• Proscriptive (you must not)

• Extensive investigation and control mechanisms

• Penalties for non-compliance

Governance &

Anticorruption

Core Course ‹#› The World Bank

Two Approaches to Attain the Goal*

 Integrity-based management

• General statements of ethical values

• Professional socialization

• Incentives for ethical behavior

• Internal mechanisms for help and advice

 Which is the correct approach?

*Janos Bertok, SIGMA Public Management Forum IV,

No.1, 1998

The World Bank

Governance &

Anticorruption

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The Ultimate Compliance-Based

System?

“Everything that is not prohibited is mandatory, and we are watching you at all times.”

• Would you want this system?

• Could an economy survive this system?

Governance &

Anticorruption

Core Course ‹#› The World Bank

Is Integrity-Based Ethics

Management Sufficient?

“ If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

James Madison, The Federalist Papers No. 51

Governance &

Anticorruption

Core Course ‹#› The World Bank

Ethics Management Systems

The answer: Both are required

The challenge: finding the right balance

Governance &

Anticorruption

Core Course ‹#› The World Bank

Elements of An Ethics

Infrastructure*

• Political commitment

• An effective legal framework

• Efficient accountability mechanisms

• Workable codes of conduct

The World Bank

*OECD, Public Management Occasional Paper No. 14

Governance &

Anticorruption

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Elements of an Ethics

Infrastructure*

 Professional socialization mechanisms, including training

 Supportive public service conditions

 An ethics coordinating body

 An active civic society, including the media

*OECD, Public Management Occasional Paper No. 14

The World Bank

Governance &

Anticorruption

Core Course ‹#›

OECD Principles for

Managing Ethics in the

Public Sector

An Example of an Ethics Framework

22

Principles for Managing Ethics in the Public Sector*

 Ethical standards for public service should be clear

 Ethical standards should be reflected in the legal framework

 Ethical guidance should be available to public servants

*OECD, PUMA Policy Brief No 4

The World Bank

Governance &

Anticorruption

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Principles for Managing Ethics in the Public Service*

 Public servants should know their rights and obligations when exposing wrongdoing

 Political commitment to ethics should reinforce the ethical conduct of public servants

 The decision-making process should be transparent and open to scrutiny

* OECD, PUMA Policy Brief No. 4

The World Bank

Governance &

Anticorruption

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Principles for Managing Ethics in the Public Service*

There should be clear guidelines for interaction between the public and private sectors

 Managers should demonstrate and promote ethical conduct

 Management policies, procedures and practices should promote ethical conduct

*OECD PUMA Policy Brief No. 4

Governance &

Anticorruption

Core Course ‹#› The World Bank

Principles for Managing Ethics in the Public Service*

 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

* OECD, PUMA Policy Brief No. 4 Governance &

Anticorruption

Core Course ‹#› The World Bank

Ethics and Leadership

The Indispensable Element to an

Ethical Organization

27

“What executives do, what they believe and value, and what they reward and whom, are watched, seen, and minutely interpreted throughout the whole organization. And nothing is noticed more quickly - and considered more significant - than a discrepancy between what executives preach and what they expect their associates to practice.”

-- Peter Drucker Governance &

Anticorruption

Core Course ‹#› The World Bank

Responsibilities of Leadership

 Establish the values, and the hierarchy of values – much more than compliance rules

• Involve the entire staff in doing so

• Many things are compliant and legal, but still are wrong

• Values will let the organization choose to be right, not just “legal”

 Scrupulously honor the values in your own conduct

The World Bank

Governance &

Anticorruption

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Responsibilities of Leadership

 Communicate the values to everyone

• Insist that your people really do know the rules and values

• Provide the resources (time and money) for training

• Provide effective means for people to get reliable and useful advice and guidance anonymously

• The most effective communication is to reward ethical behavior

Governance &

Anticorruption

Core Course ‹#› The World Bank

Responsibilities of Leadership

Establish a “complaint friendly environment”

• Punishing the bearer of bad news just means you will not hear what you need to hear

• Provide secure, reliable, and anonymous means for staff to report impropriety

• Follow up on all reports of impropriety

• With due regard to privacy, publish the core facts of cases of substantiated impropriety

Governance &

Anticorruption

Core Course ‹#› The World Bank

Responsibilities of Leadership

 Be intolerant of unethical behavior , but allow people who commit minor improper acts to survive and succeed

• Avoid a “cover up at all costs” mentality

• Give due credit for self-reporting

• Never make perfection the only acceptable standard

 Bad news uncovered and reported immediately is always better than bad news covered up and discovered later

Governance &

Anticorruption

Core Course ‹#› The World Bank

Responsibilities of Leadership

 NEVER impose requirements, or accept tasks, that cannot be met without violating the values

Your responsibility is to know when you do that – avoid “convenient ignorance”

You must be willing to hear and accept “no” from your subordinates

You must be willing to say “no” to your superiors, even if it makes you look bad

Governance &

Anticorruption

Core Course ‹#› The World Bank

The Lessons of Enron

A Parable on Ethics

34

The Lessons of Enron

Thoughts on some of the causes of, and lessons from, the Enron meltdown

Governance &

Anticorruption

Core Course ‹#› The World Bank

Tools, Resources, and Initiatives

A (Very) Partial List

36

IMF Code of Good Practices on

Fiscal Transparency

 Key recommendations of the IMF to ensure transparency in fiscal transactions in the public sector

 Transparency is perhaps the most important element of an ethical system

 Text included as handout; also available at www.imf.org

Governance &

Anticorruption

Core Course ‹#› The World Bank

IMF Questionnaire on Fiscal

Transparency

 Very detailed questionnaire (37 pages)

• Provided as a handout

Also available at www.imf.org

 Designed for self-assessment by government finance officials

 Relates back to the IMF Code of Good

Practices on Fiscal Transparency

The World Bank

Governance &

Anticorruption

Core Course ‹#›

Other Resources

 OECD Principles of Corporate Governance

• Provided as handout

• Available at www.OECD.org

 Convention on Combating Bribery of

Foreign Public Officials in International

Business Transactions

• Available at www.OECD.org

Governance &

Anticorruption

Core Course ‹#› The World Bank

Other Resources

 Wolfsberg Anti-Money Laundering Principles

• Group of major international banking firms

• Available at www.wolfsberg-principles.com

 International Chamber of Commerce, Rules of

Conduct to Combat Extortion and Bribery

• Available at www.iccwbo.org

Governance &

Anticorruption

Core Course ‹#› The World Bank

Other Resources

 Transparency International Source Book

2000, Combating Corruption: The

Elements of a National Integrity System

• Available at www.transparency.org

• Contains detailed information on anticorruption initiatives world-wide

• Contains extremely useful “Best Practices”

Annex

Governance &

Anticorruption

Core Course ‹#› The World Bank

Other Resources - Training

European Institute of Business Ethics “Dilemma

Training Device”

• Training on detecting and resolving ethical dilemmas

• Information available at www.nyenrode.nl/research/eibe

 World Bank Institute

• Many training resources on Corporate Governance and

Business Ethics

• Information available at www.worldbank.org/wbi

Governance &

Anticorruption

Core Course ‹#› The World Bank

Q&A

The World Bank

Governance &

Anticorruption

Core Course ‹#›

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