Failure to declare conflicts of interest or accepting expensive gifts or “lavish” entertainment from persons doing business with government are among several actions that could result in ministers, parliamentarians and other public office holders facing disciplinary action or being fired.
This is according to government’s proposed Code of Conduct for ministers and other public officials, a copy of which was obtained by Stabroek News.
According to the draft code, it is the personal responsibility of every minister, Members of Parliament and public office holders to understand and comply with the code, in particular by conscientiously avoiding any conflict of interest, and making declaration and seeking prior permission from the government in accordance with the code in any case of exception.
“Any official or staff who violates any provision of the code will be subject to disciplinary action, or termination of appointment/employment where warranted,” the document states. It also says that members of the public may submit complaints to the Integrity Commission under Section 28 of the Integrity Commission Act with respect to perceived breaches of the code of conduct, or that of the Act.
The APNU+AFC government had promised that a code of conduct for ministers and other senior government officials would be implemented. The code is still in draft form but Minister of Governance Raphael Trotman had previously said that cabinet ministers have already started to abide by it. Earlier this week, he said that government was going to release it for public scrutiny. The public officers are duty-bound by the code in all aspects of their public life but it does not seek to regulate their conduct in their private and personal lives.
The code is built around ten principles: accountability, dignity, diligence, duty, honour, integrity, loyalty, objectivity, responsibility, and transparency.
Under the principle of integrity, public office holders are duty-bound to declare any private interest relating to the discharge of their duties and responsibilities, and to ensure that their personal decisions and actions are not in conflict with national interest. Further, the code stipulates that ministers in carrying out their public business, should make decisions based on merit when making public appointments, awarding contracts, or recommending individuals for rewards and benefits. In addition, ministers collectively have a basic responsibility to take decisions only in the national interest void of any forms of personal gain, or other material benefits for themselves, their family or their friends.
The previous PPP/C government was often accused of corruption and Guyana has ranked poorly in corruption indicators by international organisations.
Importantly, the code says that ministers should be open about all their public decisions and actions and be prepared to provide explanations when so demanded by the public.
Conflict of interest
Addressing conflict of interest, the code states that a conflict of interest situation arises when the “private interests” of the public office holder compete or conflict with the interests of the State.
“Private interests,” according to the draft code, mean both the financial and personal interests of the official and staff or those of their connections, including family and other relations; personal friends; other companies or business interests which they hold or own (both in part or in whole); other clubs and societies to which they belong; and any other person to whom they owe a favour or are obligated in any way.
“Ministers, Members of Parliament and public office holders should avoid using their official position or any transmitting (sic) any information made available to them in the course of their to benefit (sic) themselves, their relations or any other individuals with whom they are associated,” the code says.
“They should avoid compromising themselves or their office and which may lead to an actual or perceived conflict of interest. Failure to avoid or declare any conflict of interest may give rise to criticism of favouritism, abuse of authority or even allegations of corruption. In particular, Ministers, Members of Parliament and public office holders involved in the procurement process should declare conflict of interest if they are closely related to, or have, or will likely be perceived to have, beneficial interest in any company or transaction that would result in the award for the supplies of goods and services to the state,” it adds.
In terms of gifts, the code says the acceptance of gifts and other forms of rewards worth more than $10,000 shall be reported to the Integrity Commis-sion and it recommended that the officials should consider declining such gratuities if the acceptance could be perceived to have an effect on their objectivity and lead to complaints of bias and impropriety. Ministers, Members of Parliament and public office are also barred from engaging in frequent or excessive gambling with persons who have business dealings with the Government as well as among colleagues, particularly with subordinates.
Further, if on social occasions where refusal of gambling (provided that the activity is legal) is considered unsociable, the amount of money involved should not be significant. However, gambling on government’s premises, government venues and locations where activities of the government take place would be strictly forbidden.
The code also states that officials and staff are not allowed to disclose any classified or proprietary information to anyone without prior authorisation by the government. Instead, they would have to at all times provide adequate safeguards to prevent the abuse or misuse of the information.
“Examples of misuse include disclosure of information in return for monetary rewards, or use of information for personal interest or business benefit. It should also be noted that unauthorised disclosure of any personal data may result in a breach of the personal data,” the draft code says.
The officials are also barred from accepting lavish or frequent entertainment from persons with whom the government has official dealings, such as suppliers or contractors or clubs/persons to which the state may allocate resources or job assignments, “so that they will not be placed in a position of obligation to the other party.”
Officials and staff who misuse their office for personal gains or to favour their relatives or friends or to benefit their business connections would be liable to disciplinary action by the government or even prosecution by the state.
The code also states that public office holders who wish to take up paid outside work, including on a part-time basis, must seek the written approval of the government before accepting the job. Approval will not be given if the outside work is in conflict with the interest of the government, it adds.
The code of conduct was promised by the coalition government, which had set itself the deadline of getting it done within the first 100 days in office. The coalition had promised that the code would be established for parliamentarians, ministers and others holding high positions in public office and would include mechanisms for demitting office if in violation of the code.
Trotman said on Wednesday that the document would be released and he expects that there will be some harsh criticisms but he feels it would lead to a stronger document. “It is believed that we should open it up for criticisms and critique and for it to be distilled and refined,” he said.
“We thought that in the end it is better to share it with the public and then finalise it rather than say to the public this is our final document. Because in a sense you would legislating for yourself and in doing so you run the risk of… having a natural bias to lessen the harshness of such a document and… being accused [of that] even if your intention was not to do so,” he said.
Now that the code is made public, it is expected that government would monitor the results and take the lessons learned and hopefully within a few weeks, have a final document.
