Dr. A. Akidiva Governance and Social Accountability
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Institutionalization of Ethics and Good
Governance
Presented by Dr. Arbogast Kemoli Akidiva,
Conscientia Consulting LLP during the Regional Conference on
Leadership, Governance and Integrity, Institute of Certified
Public Secretaries of Kenya (ICPSK) Kigali, Rwanda, 27-29 May
2015
Social Contract and Ethical Leadership Principles
•Fundamental Values of –
Democracy and Social
Justice
•Devolution
• Judiciary - Custodian of
Constitutionalism
•Participatory Processes
•Administrative Action and
Justice
•Constitutional Offices
•Accountability
•Transparency
•Responsibility
•Uniformity
•Responsiveness
•Rights and Freedoms, Equality,
• Duties and Responsibilities
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Delegated Authority
Constitutional
ism
Public/
Common
Good
Good
Governance
Rule of Law
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Enforce Clear &
Predictable rules to regulate
society
• Restrain State Power
• Responsive Justice System
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Elements of Good Governance
• The State’s Capacity to Promote Public Good by providing
for a trained professional public service. Chapter Thirteen
• Demonstrating Commitment to Public Good establish
institutions that reward and champion public Good.
• Championing Transparency and Accountability State power
should be open and responsive to public scrutiny.
• Ensuring that Rule of Law enforce clear rules in the economic,
social, and political arenas. State power should be restrained
• Providing for Voice and Participation mechanisms for citizens
to input into policy making and implementation, and
promoting social inclusion.
• Nurturing Social Capital networks and associations to
promote trust, reciprocity and civic disposition/engagement.
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International Integrity and Ethics Initiatives
• International Level: Policy, Legal and Institutional Frameworks
• UNCAC (2003) Global Instrument providing for:
• General Provisions, Prevention, Criminalization and Law
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Enforcement, International Cooperation, Asset Recovery and
Implementation Mechanisms
Voluntary Peer Review Mechanism
UNODC custodian of the Convention
Tools: UNCAC Toolkit, UN Anti-Corruption Guide on AntiCorruption Policies, UN Anti-Corruption Handbook for
Investigators and Prosecutors
UNCAC States Parties Conferences
• United Nations Economic Commission for Africa:
• Combating Corruption in Africa: Regional Anti-Corruption
Programme for Africa (2010-2016)
Regional Initiatives
• African Union Convention on Preventing and Combating
Corruption (2003)
– Provides for: Prevention, Criminalization, Asset Recovery, and Regional
Cooperation
– Policy positions/Institutional Arrangements coordinated through the
AUC
• NEPAD and APRM on Good Governance and Anti-Corruption
• Democracy and Good Political Governance; Economic Governance and
Management; Corporate Governance; Socio-Economic Development
• Regional Economic Blocs for example EAC, ECOWAS, SADC,
• AfDB and OECD Business Integrity Collaborative Initiative:
• Stocktaking of Business Integrity and Anti-Bribery Legislation,
Policies and Practices in Twenty African countries
• EAAACA (2007)
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In Country Initiatives: Case Study - Kenya
• No express Anti-Corruption laws focusing on Private Sector Except UNCAC
and AUCPCC; (CoK, LIA, EAACA, ACECA, POEA, PPDA, CAJA, PPA,
Elections Act, POCAMLA, KNCHRA)
• Codes of Conduct and Codes of Ethics by Regulatory Agencies and
Professional Bodies: Laws establishing regulatory and professional bodies:
Legal, Engineering, Educationists, Accountancy, Medical professions
• Compliance Requirements developed by Third Parties dealing with Private
Sector: Capital Markets Authority, Central Banks, Energy Regulatory
Commission etc.
• Regulation through Voluntary Frameworks: Codes of Ethics – APSEA, KAM,
KEPSA, UN Global Compact focuses on cooperation between the UN and the
Business Community, ISO 26000 on social Responsibility and mainstreaming
ethics and integrity in business practice
• Regulation by Frameworks of Third Parties: Multi-lateral agencies WBG,
Financiers – AfDB, OECD
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Enforcement of Ethical Standards
Develop and Implement Policy, Legislative, Institutional and Ethical
Frameworks
Enact Legislation on Enforcement of Professional Standards (LSK,
APSEA, JSC, ICPSK)
Develop and Enforce Codes of Conduct and Ethics
Institutionalize Democratic Governance through Demand Driven
Strategies to ensure Accountability, Transparency, Responsibility,
Uniformity and Responsiveness by Rights Holders and Duty
Bearers.
Operationalize Access to Information Art. 35.
Conduct Lifestyle Audits
Implement Transparent and Effective Conflict-of-Interest Guidelines
Enter into Integrity Pacts at Personal/Institutional Levels.
Operationalize Information Disclosure Mechanisms
Institute Civil Society Oversight
Institutionalize Alternative Dispute Resolution Mechanisms
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Know Your Tools
• Codes of Ethics and Conduct clearly State
– Unethical Conduct Prohibitions
– Disclosure Requirements
– Aspirational Principles Statement
– Internal Enforcement Mechanisms ( Disciplinary, Court, Civil
Hearing and Criminal Processes)
– Enforcement Standards, regularity, Independence and
Resources
– Restitution/Redress Mechanisms
• Codes of Ethics and Conduct could be prescribed by:
– Existing Laws (POEA) Rules and Regulations, Institutional
(Governance Manuals) , Profession
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Tools Cont….
Integrity Pacts (Developed by TI)
– Agreement regulating Client/Bidder Contractual Undertakings
– Written Undertaking by Principal/Agent not to be involved in
any form of corruption
– Bidder Statement undertaking not to pay any form of Bribe
– Bidder Disclosure Clause on ALL payments to any entity
– Bidder Undertaking to Observe the Agreement in totality till
Successful Contract Completion
– ALL Agreements/Pledges made in the name of the CEO
Set of Violation Sanctions
Bidder Code of Conduct
Implementation Compliance Programme on Codes of Conduct
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Enabling Laws PPDA, FMA
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Tools Cont….
Access to Information Art 19 UDHR, Art. 35 CoK 2010
– Regular Consultative Stakeholder Meetings
– Community Participatory Surveys
– Participatory Planning, Budgeting, Expenditure Tracking,
Performance/Implementation Surveys and public Hearings
Complaints/Ombudsmen Offices – for Dispute Resolution
Mechanisms
E-Government/E-Procurement Portal
Effective Communication: All required to Publish and Publicize
Reports: Art 132(c) Presidential Address to the Nation, Art. 254 –
Commissions and Independent Offices
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Integrity
A Person of Integrity
•strongly upholds Principles or Virtues such as Honesty,
Truthfulness, Trustworthiness, Sincerity and Loyalty.
•is consistent in Thought and Behaviour.
•acts in the same manner from one situation to another
maintaining her/his Principles whether at Home, Work, in
Public or when Alone.
Organizations of Integrity
•Depict Wholeness or Intactness of Systems, Processes and
Regulations in relation to their Mandate, Mission and Vision.
•Require members to abide by laid down Rules, Regulations
and Codes of Conduct and Ethics.
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