Land Governance Building Trust A training programme on
Land Governance: Building Trust A training programme on transparency in land administration Windhoek, Namibia, 27 -29 May 2008 Professional ethics and integrity Ms. Jane Gold, Lecturer, Department of Land Management Polytechnic of Namibia
Who demonstrates ethics and integrity? Someone who, for example… Ø Demonstrate the values of the organization Ø Acts without consideration of personal gain Ø Resists undue pressure in decision-making Ø Does not abuse power and authority Ø Stands by decisions that are in the organizations interest even if they are unpopular Ø Takes prompt action in cases of unprofessional or unethical behavior
Defining terms… Integrity (from the Latin ‘integra’ = wholeness) “The quality of being honest and having strong moral principles” Ethics (from the Latin “ethicus” = choice of the good) “The moral principles that govern a person or group’s behaviour” “Ethics are integrity in action”
How does a breakdown in ethics and integrity affect land administration? For example: q A decreased sense of obligation by citizens to pay taxes, to apply for proper titles or building permits, or stick to zoning regulations. q With the lack of transparency and effective mechanisms for sanctions, land grabbing and/or illegal transfers of land by corrupt officials, for political elites, for their own benefit.
Interventions that can be used 1. 2. 3. 4. Conflict of interest law Codes of professional ethics/codes of conduct Whistleblower protection Ethics training
1. Conflict of interest laws To avoid corruption that may erupt due to a conflict of interest in which private interest may influence a public decision, legal frameworks can be established so that officials have to disclose such private interest beforehand not act in such cases. q These laws should include provisions related to financial or asset disclosure; exploitation of one’s official positions; and open meeting requirements. q But the laws are only as effective as the penalty provisions and enforcement.
What is the purpose of having conflict of interest laws for land sector? q q q To ensure transparency and ethical conduct by employers and officials through removing the temptation and opportunity to engage in corruption. To establish transparent frameworks for government officials with respect to decision-making processes especially, financial decisions. To promote disclosure of private, personal and political interests To protect officials from any undue suspicions and instill public trust and citizen confidence in land administration. To construct parameters by which those seeking business from or access to the land administration offices are subject to certain ethical standards as well. To create mechanisms to sanction and/or reprimand violators of such laws.
2. Codes of professional ethics & ‘codes of conduct’ q Municipal codes of ethics not only provide ethical guidelines for municipal officials and employees, they are critical for restoring public trust in government. q Codes of ethics also used for NGOs, professional associations and the media q Codes of ethics must contain basic principles of professional conduct,
Steps in setting up codes of ethics Creation: The process of producing a code of ethics must in itself be an exercise in ethics. Implementation: What entity has the authority to interpret and enforce the code? Dissemination: Everyone must know and understand the rules. Identifying gaps and loopholes: Codes of ethics usually a work in progress. Continuing review. Open interpretation of code: share information on decisions.
Codes of professional ethics & ‘codes of conduct’ q A number of codes of professional ethics have been produced by professional organizations that work in land administration. q Originates in corporate governance in private sector but can be applied to public sector. q Professionals owe a duty of care to their clients and should not exploit their relationship for their personal advantage to the detriments of their clients q Personal duty. A land administrator should not be a silent witness, a willing partner or a facilitator of, for example, grand corruption where the state is captured by a powerful group.
3. Whistleblower protection Do you know where to go if you need to ‘blow the whistle’?
Whistleblower protection q q How can we encourage officials, employers and upset citizens to blow the whistle (incentives)? Are there taboos about ‘denouncing’ fellow citizens? How can we avoid retaliation for those who blow the whistle? (Anonymous complaints, anti-corruption commissions, telephone hotlines? ) What has already been done?
4. Ethics training 1. 2. 3. To educate employees about ethics rules and regulations To establish capacity to maintain open processes To reinforce principles of transparency and accountability within organizations
5. Ethics and dispute resolution q q q q Non corrupted grievance redress systems Mediating between professionals and clients Provide info about rules and rights Promote local values and integrity Gender dimensions Specify roles of professional bodies in dispute resolution Institutionalise involvement of professional bodies/ regulating in dispute resolution
What each one of us can do Ø Ø Ø Ø Renew our personal commitment to act with professional integrity Use the ethical decision making model Stay alert to barriers to good ethical decision making Seek help to resolve ethical dilemmas Discuss ethics with colleagues Support those who act ethically Stay informed and find out where you can turn to
Group work You are a young land administration officer. From what you know, Mrs. Ama has been waiting for her land title for many years, because you have seen her come to complain in the office many times. Mr. Kwame, your immediate boss, is in charge of Mrs. Ama’s case. It seems like Mr. Kwame is being threatened by his senior boss to make some land available to his senior boss’ relatives, and to use Mrs. Amas’ land for this. You have been working for Mr. Kwame for five years and he is a lovely, supportive boss, and you have always trusted him. You came across what had happened to Mrs. Ama’s case when you see her file in the office, and overhear a phone call by Mr. Kwame. You have a small baby and need your job desperately. What do you do?
- Slides: 16