Why Do We Need a Code of Ethics?

Jose S. Azcona Bocock

In many occasions, we have seen people take advantage of public service positions for personal gain. Sometimes this benefit is obviously illegal, in the cases that include bribery, embezzlement of funds for profit, etc. In other cases, however, it is possible that said benefit is dishonest without being legally punishable. It is our responsibility to regulate such actions. We believe that the phrase “Everything which is not forbidden is allowed” is valid for citizens in the exercise of their private functions. However, individuals who have taken an oath to uphold and enforce the constitution and laws, and who manage the assets of the people, should be subject to stricter scrutiny of their actions.

In order to deal with the abuse, you first need to define it. A code of ethics must be designed for public officials, with the respective coercive means to enforce it. This code must be as explicit as possible in describing the acts that are improper, and establish clear limits of conduct for officials. It has not been possible to implement it, or even prepare it, to date. We believe that at this date the government agencies in charge of this task are capable of implementing it, assuming that the political will exists.

First, it is necessary to define what constitutes “Conflict of Interest”. This phrase is seldom used in our country, and refers to a situation in which a person has to make a decision and finds that he may be inclined towards different solutions that match his various interests (political, economic, family, etc.). This internal dilemma when making a decision is natural in the human being, but it is highly detrimental for a high official in the exercise of his functions. For this reason, the personal economic activities of officials must be public and restricted in a clear and justified manner. For example, it is unethical for an official of the executive branch to receive any type of remuneration from the private sector, not necessarily because they have taken an action in favor of a company to the detriment of the community, but because a parallel interest is created to the public good which is a temptation for acts of corruption.

The Conflict of Interest is a concept to which the traditional mentality of the Honduran official does not give much credibility. Honduras has traditionally been considered a small country, where “we all know each other” or “have friends.” This mentality is based on the assumption that all people and interests are related, and that it is therefore impossible for an official to not take personal interests into account before taking public action. This mindset is one of the main obstacles to building a respectable state.

This code must be quite specific in its restrictions to facilitate its applicability. If, for example, the gifts that officials may receive are regulated, the value limits and other restrictions that apply should be clearly stipulated. This may seem complicated: can you accept interest-free credit from a car dealership from whom your institution has purchased twenty vehicles? Can you accept free travel or stays in private hotels? Can your spouse accept jewelry from a contractor? These are real cases, in which those responsible do not consider that they did something improper, since they did not violate the strict stipulations of the law. However, they did something unethical and there must be a mechanism to make it known and penalize them for it.

The mechanisms to counteract unethical actions are not only judicial or administrative. There must be a strong component of citizen participation and transparency before the media about the offenses committed. The clear definition of what does not constitute acceptable conduct and the possibility of it being exposed in public constitutes the main guarantee of maintaining good behavior on the part of the majority of our leaders.

The fight against corruption will not be won simply by drafting a code of ethics. But the existence of clear, easy-to-implement, and public rules can greatly contribute to reducing actions to the detriment of the community and the tolerance of citizens towards them.

(2000, LT)