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Good governance activist and former Ceylon Chamber of Commerce Chairman Chandra Jayaratne has called for an Ethics Guide for Public Service. This suggestion has been shared with several professional organisations such as the Organisation of Professional Associations, Sri Lanka Economic Association, the Institute of Chartered Accountants of Sri Lanka, Ceylon Chamber of Commerce, and Bankers Association Sri Lanka. Here are excerpts from Jayaratne’s letter to these five organisations:
An independent analyst and consultant to the Asian Development Bank, responding to a question, “What are some of the main reasons for apprehension among global investors?”, in the context of the slowdown in India of growth and infrastructure linked new investment flows, stated: “The main selling point for India among global investors was the high growth prospects and the access to the world’s biggest market. While India still remains a huge market, the derailment of the growth story has definitely made global investors apprehensive. Global investors are losing patience due to the policy paralysis, slowing growth, corruption scandals, high inflation and the widening fiscal deficit. A weak budget in March this year, with provisions to tax indirect investments, added to the woes of global investors. This panic has left global investors in search of exit options. However, India still presents a great opportunity due to the sheer size of its market and the flight of capital can be curtailed, if the right policy decisions are taken to comfort global investors.”
In view of the experiences in India as noted above, Sri Lanka as a nation seeking significant inward foreign investments to meet the savings gap and realise projected consistent high growth targets, should set out clearly in the Budget 2013, necessary positive signals to prospective local and foreign investors, that the Government will seriously address issues that plagued India (i.e. policy paralysis, slowing growth, corruption scandals, high inflation and the widening fiscal deficit) and in addition the challenges that are specific to Sri Lanka, linked to upholding the rule of law, justice, equity and transparent intellectual debate and consultation with stakeholders prior to key decision making.
It is recommended that you advocate for the above in your Budget submissions.
Role of civil servants
I am sure you would have also read in the international media that the Principal Secretary to the Prime Minister of India, a retired senior Indian administrative service officer, in his valedictory address on Civil Services Day, had advised civil servants not to approach politicians for undue personal favours.
Airing his views on governance and corruption he had told civil servants that “to be truly independent and valued” bureaucrats should not seek to derive personal advantage from their political masters and not back their unlawful decisions.
He had gone on to stress: “Our role is to strengthen the hands of the political leadership by giving then sound, objective advice and respecting their decisions so long as it is legitimate. And we can do this so long as we do not go to them for undue personal favours.”
Requesting civil servants to be ever-vigilant, he blamed corruption for generating anger and discontent in the society and cautioned civil servants with sound advice: “The large size of our programmes inevitably attracts unsavoury elements. All civil servants are in some position of authority and there are temptations. But it is not only power that corrupts. Weakness, too, corrupts.”
Recognising that insulation from political interference was “not feasible” and bureaucrats needed to manage political processes to achieve objectives, he further stressed that civil servants should respect the elected leadership and not view politicians as antagonists. “They are true representatives of the people. We should not fall into the mindset of looking on them as antagonists.”
He has gone on to articulate: “Good governance not only means following rules strictly, but also making rules that meet people’s aspirations.”
He has further advised bureaucrats that democracy was a difficult system to administer and to function within and reiterated that “We must not only tolerate but also pay attention to the myriad opinions and aspirations of different sections of the society.”
Legal prohibitions and restrictions
Senator Howard Baker, in the foreword to the publication, ‘Honest Government: An Ethics Guide for Public Service’ by W. J. Michael Cody, Richardson R. Lynn, highlights the difficulties in having in place a truly comprehensive code developed to help those engaged in public service to stay out of trouble, and to show how to deal with every temptation politicians and the officials are prone to.
The authors recognises that the politicians and official alike have to struggle with ethical questions on a daily basis and identifies situations in which official ought to act cautiously and stresses that the high standards that people have come to expect from politicians and officials in the measurement of those engaged in public service.
The undernoted legal prohibitions and restrictions for public officials apply in most countries:
Sri Lanka
In Sri Lanka too public services officials are bound by appropriate codes, including codes of conduct and ethics.
It may be appropriate that you advocate that the Budget 2013 commits, within the year 2013, by the appointment and engagement of a Presidential Commission, to arrange the current codes as applicable to all those persons engaged in public life and public services to be reviewed and updated, to 
match international best practices as adapted to local environment.
In this task the Commission should take due cognisance of the role of public officials, special advisors and independent regulatory bodies and others statutory institutions of the state including para state institutions, all operating under the structural framework of an Executive Presidential system.
The codes must also ensure that the necessary safeguards and due protection linked checks and balances are built in to the codes and operating structures, in order to protect and advance the interests of all public officials who carry out their duties with integrity, independence, professionalism and in compliance with the said codes. The Commission should also introduce an annual compliance self certification process to ensure effective implementation and commitment with accountability of all persons holding senior public service appointments.
With these revisions the Commission should, similar to the initiative of the Nolan Committee in the United Kingdom, be called upon to develop and publish standards in public life to be strictly complied with by different types of officials engaged in public life and public service.
I sincerely trust that you and your support leadership teams will consider and include the above submissions in your Budget 2013 recommendations.
