CONTEXT OF ETHICS AND ITS SIGNIFICANCE FOR PUBLIC ADMINISTRATION
Ethics, whether in an entire society, or in a social sub-system, evolves over a long period of time and is influenced, during its nurturance and growth, by a variety of environmental factors. Administrative ethics is no different. It is the product of several contextual structures and it never ceases to grow and change. Let us now look at some of these contextual factors that influence ethics in the public administrative systems:
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The Historical Context
The history of a country marks a great influence on the ethical character of the governance system. The Spoils System in the USA during the initial phase of the American nation vitiated the ethical milieu of the American Public Administration. “To victor belong the spoils” asserted American President Jackson.
Things would have continued the same way had not a disgruntled job seeker assassinated President Garfield in 1881. Garfield’s assassination spurred the process of civil service reforms in the USA, and the setting up of the US. Civil Service Commission in 1883 was the first major step in this direction.
India has witnessed a long history of unethical practices in the governance system. Kautilya’s Arthashastra mentions a variety of corrupt practices in which the administrators of those times indulged themselves. The Mughal Empire and the Indian princely rule were also afflicted with the corrupt practices of the courtiers and administrative functionaries, with ‘bakashish’ being one of the accepted means of selling and buying favours.The East India Company too had its share of employees who were criticised even by the British parliamentarians for being corrupt.
The forces of probity and immorality co-exist in all phases of human history. Which forces are stronger depends upon the support these get from the prime actors of politico-administrative system. What is disturbing is that a long legacy of unethical practices in governance is likely to enhance the tolerance level for administrative immorality.
In most developing nations having a colonial history, the chasm between the people and the government continues to be wide. In the colonial era, the legitimacy of the governance was not accepted willingly by a majority of population and therefore, true loyalty to the rulers was a rare phenomenon.
Although the distance between the governing elite and the citizens has been reduced substantially in the transformed democratic regimes, yet the affinity and trust between the two has not been total even in the new dispensation. Unfortunately, even the ruling elite does not seem to have imbibed the spirit of emotional unity with the citizens. The legacy of competitive collaboration between the people and the administrators continues to exist. The nature of this relationship has an adverse impact on ‘administrative ethics’.
The Socio-cultural Context
Values that permeate the social order in a society determine the nature of governance system. The Indian society today seems to prefer wealth to any other value. And in the process of generating wealth, the means-ends debate has been sidelined.
Unfortunately, ends have gained supremacy and the means do not command an equal respect. A quest for wealth in itself is not bad. In fact, it is a mark of civilisational progress. What is important is the means employed while being engaged in this quest.
We seem to be living in an economic or commercial society, where uni-dimensional growth of individuals seem to be accepted and even valued, where ends have been subdued by means, and ideals have been submerged under the weight of more practical concerns of economic progress.
Can we change this social order? Mahatma Gandhi very much wanted to transform the priority-order of the Indian society, but there were hardly any takers or backers of his radical thinking that was steeped in a strong moral order. To put it bluntly, ever since Gandhi passed away, there has been not a single strong voice in independent India challenging the supremacy of ‘teleology and unidimensionalism’.
Neither have our family values questioned this unilinear growth of society nor has our educational system made serious efforts to inject morality into the impressionable minds of our youth. We have starkly failed on these fronts. The need is to evolve fresh perspectives on what kind of the Indians we wish to evolve and how? Till then, efforts will have to be focused on the non-social fronts.
The issues of morality may or may not be rooted in the religious ethos of a society. Indian religious scriptures do not favour pursuit of wealth through foul means. Interestingly, Thiru Valluvar’s Kural, written two thousand years ago in Tamil Nadu, emphasises that earning wealth brings fame, respect and an opportunity to help and serve others, but it should be earned through right means only.
Can this dictum form the basis of our socio-moral orientation? The level of integrity among Protestants and Parsees is believed by some to be relatively higher when compared to other religions and one can find the roots of such integrity in the well-ingrained mores of these religions.
Nevertheless, it is only one point of view, as there are several other religious and secular groups, which are known for their high moral conduct. The cultural system of a country, including its religious orientation, appears to have played a significant role in influencing the work ethics of its people. For instance, the stress on hard work, so characteristic of the Protestant ethics, has helped several Christian societies to enhance their per capita productivity. While Judaism has valued performance of physical labour by its followers, the Hindu and Islamic societies, on the other hand, have generally considered physical labour to be of lower rank than the mental work.
Work ethics may or may not be linked with religious moorings. These are subjective issues but make for an interesting study. The family system and the educational system are influential instruments of socialisation and training of the mind in its impressionable years. If the values inculcated through the family and the school have underscored honesty and ethics, the impact on the mind-set of citizens is likely to be highly positive and powerful
Legal-judicial Context
The legal system of a country determines considerably the efficacy of the ethical concerns in governance system. A neatly formulated law, with a clear stress on the norms of fair conduct and honesty, is likely to distinguish chaff from grain in the ethical universe.
Conversely, nebulous laws, with confusing definition of corruption and its explanations, will only promote corruption for it would not be able to instill the fear of God or fear of law among those violating the laws of the land and mores of the society.
Besides, an efficient and effective judiciary with fast-track justice system will prove a roadblock to immorality in public affairs. Conversely, a slow-moving judiciary, with a concern for letter rather than the spirit of the law, will dither and delay and even help the perpetrators of crimes by giving them leeway through prolonged trials and benefits of doubt.
The Political Context
The political leadership, whether in power or outside the power-domain, is perhaps the single most potent influence on the mores and values of citizens. The rulers do rule the minds, but in a democracy particularly, all political parties, pressure groups and the media also influence the orientation and attitudes on moral questions.
If politicians act as authentic examples of integrity, as happens in the Scandinavian countries, or as examples of gross self-interest, as found in most South Asian countries, the administrative system cannot remain immune to the levels of political morality. The election system in India is considered to be the biggest propeller to political corruption.
Spending millions on the elections `compels’ a candidate to reimburse his expenses through fair or foul means – more foul than fair. While fair has limits, foul has none. It is generally argued that the administrative class – comprising civil servants at higher, middle as well as lower levels – emerges from the society itself.
Naturally, therefore, the mores, values and behavioural patterns prevalent in the society are likely to be reflected in the conduct of administrators. To expect that the administrators will be insulated from the orientations and norms evidenced the in society would be grossly unrealistic.
The argument, propounded here, has a convincing logic, yet there can be a counterpoint that the rulers are expected to possess stronger moral fibre than the subjects. Since there are hardly any instrumentalities to protect and nurture administrative morality vis-à-vis the general social morality, such an expectation remains at the most an elusive ideal.
Hence, there is an obvious need to go deeper into the problem. The behaviour of politicians has a demonstration effect on civil servants. Besides, the capacity of the less honest political masters to control civil servants is immense. It is ironical that the moral environment in a country like India is designed more by its politicians than by any other social group.
The primacy of the political over the rest of systems is too obvious to be ignored. If the media is objective and fearless, its role in preventing corruption can be effective. It can even act as a catalyst to the promotion of ethical behaviour among administrators.
Hence, those who own and manage the media should understand their wider social and moral responsibilities. The trend in this direction is visible now with many television channels regularly airing their ‘expose’ on malpractices in the system. This role of the media is important if performed with intent of social responsibility rather than sensationalism.
The Economic Context
The level of economic development of a country is likely to have a positive correlation with the level of ethics in the governance system. Even when a causal relation between the two is not envisaged, a correlation cannot be ruled out.
A lower level of economic development, when accompanied with inequalities in the economic order, is likely to create a chasm among social classes and groups. The less privileged or more deprived sections of society may get tempted to forsake principles of honest conduct while fulfilling their basic needs of existence and security.
Not that the rich will necessarily be more honest (though they can afford to be so), yet what is apprehended is that the poor, while making a living, may find it a compelling necessity to compromise with the principles of integrity. It is interesting to note that with the advent of liberalising economic regime in developing nations, there is a growing concern about following the norms of integrity in industry, trade, management and the governance system on account of the international pressures for higher level of integrity in the WTO regime. This is what Fred Riggs would call `exogenous’ inducements to administrative change.
To be Continued…
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The United Nations has shaped so much of global co-operation and regulation that we wouldn’t recognise our world today without the UN’s pervasive role in it. So many small details of our lives – such as postage and copyright laws – are subject to international co-operation nurtured by the UN.
In its 75th year, however, the UN is in a difficult moment as the world faces climate crisis, a global pandemic, great power competition, trade wars, economic depression and a wider breakdown in international co-operation.
Still, the UN has faced tough times before – over many decades during the Cold War, the Security Council was crippled by deep tensions between the US and the Soviet Union. The UN is not as sidelined or divided today as it was then. However, as the relationship between China and the US sours, the achievements of global co-operation are being eroded.
The way in which people speak about the UN often implies a level of coherence and bureaucratic independence that the UN rarely possesses. A failure of the UN is normally better understood as a failure of international co-operation.
We see this recently in the UN’s inability to deal with crises from the ethnic cleansing of the Rohingya Muslims in Myanmar, to civil conflict in Syria, and the failure of the Security Council to adopt a COVID-19 resolution calling for ceasefires in conflict zones and a co-operative international response to the pandemic.
The UN administration is not primarily to blame for these failures; rather, the problem is the great powers – in the case of COVID-19, China and the US – refusing to co-operate.
Where states fail to agree, the UN is powerless to act.
Marking the 75th anniversary of the official formation of the UN, when 50 founding nations signed the UN Charter on June 26, 1945, we look at some of its key triumphs and resounding failures.
Five successes
1. Peacekeeping
The United Nations was created with the goal of being a collective security organisation. The UN Charter establishes that the use of force is only lawful either in self-defence or if authorised by the UN Security Council. The Security Council’s five permanent members, being China, US, UK, Russia and France, can veto any such resolution.
The UN’s consistent role in seeking to manage conflict is one of its greatest successes.
A key component of this role is peacekeeping. The UN under its second secretary-general, the Swedish statesman Dag Hammarskjöld – who was posthumously awarded the Nobel Peace prize after he died in a suspicious plane crash – created the concept of peacekeeping. Hammarskjöld was responding to the 1956 Suez Crisis, in which the US opposed the invasion of Egypt by its allies Israel, France and the UK.
UN peacekeeping missions involve the use of impartial and armed UN forces, drawn from member states, to stabilise fragile situations. “The essence of peacekeeping is the use of soldiers as a catalyst for peace rather than as the instruments of war,” said then UN Secretary-General Javier Pérez de Cuéllar, when the forces won the 1988 Nobel Peace Prize following missions in conflict zones in the Middle East, Africa, Asia, Central America and Europe.
However, peacekeeping also counts among the UN’s major failures.
2. Law of the Sea
Negotiated between 1973 and 1982, the UN Convention on the Law of the Sea (UNCLOS) set up the current international law of the seas. It defines states’ rights and creates concepts such as exclusive economic zones, as well as procedures for the settling of disputes, new arrangements for governing deep sea bed mining, and importantly, new provisions for the protection of marine resources and ocean conservation.
Mostly, countries have abided by the convention. There are various disputes that China has over the East and South China Seas which present a conflict between power and law, in that although UNCLOS creates mechanisms for resolving disputes, a powerful state isn’t necessarily going to submit to those mechanisms.
Secondly, on the conservation front, although UNCLOS is a huge step forward, it has failed to adequately protect oceans that are outside any state’s control. Ocean ecosystems have been dramatically transformed through overfishing. This is an ecological catastrophe that UNCLOS has slowed, but failed to address comprehensively.
3. Decolonisation
The idea of racial equality and of a people’s right to self-determination was discussed in the wake of World War I and rejected. After World War II, however, those principles were endorsed within the UN system, and the Trusteeship Council, which monitored the process of decolonisation, was one of the initial bodies of the UN.
Although many national independence movements only won liberation through bloody conflicts, the UN has overseen a process of decolonisation that has transformed international politics. In 1945, around one third of the world’s population lived under colonial rule. Today, there are less than 2 million people living in colonies.
When it comes to the world’s First Nations, however, the UN generally has done little to address their concerns, aside from the non-binding UN Declaration on the Rights of Indigenous Peoples of 2007.
4. Human rights
The Human Rights Declaration of 1948 for the first time set out fundamental human rights to be universally protected, recognising that the “inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.
Since 1948, 10 human rights treaties have been adopted – including conventions on the rights of children and migrant workers, and against torture and discrimination based on gender and race – each monitored by its own committee of independent experts.
The language of human rights has created a new framework for thinking about the relationship between the individual, the state and the international system. Although some people would prefer that political movements focus on ‘liberation’ rather than ‘rights’, the idea of human rights has made the individual person a focus of national and international attention.
5. Free trade
Depending on your politics, you might view the World Trade Organisation as a huge success, or a huge failure.
The WTO creates a near-binding system of international trade law with a clear and efficient dispute resolution process.
The majority Australian consensus is that the WTO is a success because it has been good for Australian famers especially, through its winding back of subsidies and tariffs.
However, the WTO enabled an era of globalisation which is now politically controversial.
Recently, the US has sought to disrupt the system. In addition to the trade war with China, the Trump Administration has also refused to appoint tribunal members to the WTO’s Appellate Body, so it has crippled the dispute resolution process. Of course, the Trump Administration is not the first to take issue with China’s trade strategies, which include subsidises for ‘State Owned Enterprises’ and demands that foreign firms transfer intellectual property in exchange for market access.
The existence of the UN has created a forum where nations can discuss new problems, and climate change is one of them. The Intergovernmental Panel on Climate Change (IPCC) was set up in 1988 to assess climate science and provide policymakers with assessments and options. In 1992, the UN Framework Convention on Climate Change created a permanent forum for negotiations.
However, despite an international scientific body in the IPCC, and 165 signatory nations to the climate treaty, global greenhouse gas emissions have continued to increase.
Under the Paris Agreement, even if every country meets its greenhouse gas emission targets we are still on track for ‘dangerous warming’. Yet, no major country is even on track to meet its targets; while emissions will probably decline this year as a result of COVID-19, atmospheric concentrations of greenhouse gases will still increase.
This illustrates a core conundrum of the UN in that it opens the possibility of global cooperation, but is unable to constrain states from pursuing their narrowly conceived self-interests. Deep co-operation remains challenging.
Five failures of the UN
1. Peacekeeping
During the Bosnian War, Dutch peacekeeping forces stationed in the town of Srebrenica, declared a ‘safe area’ by the UN in 1993, failed in 1995 to stop the massacre of more than 8000 Muslim men and boys by Bosnian Serb forces. This is one of the most widely discussed examples of the failures of international peacekeeping operations.
On the massacre’s 10th anniversary, then UN Secretary General Kofi Annan wrote that the UN had “made serious errors of judgement, rooted in a philosophy of impartiality”, contributing to a mass murder that would “haunt our history forever”.
If you look at some of the other infamous failures of peacekeeping missions – in places such as Rwanda, Somalia and Angola – it is the limited powers given to peacekeeping operations that have resulted in those failures.
2. The invasion of Iraq
The invasion of Iraq by the US in 2003, which was unlawful and without Security Council authorisation, reflects the fact that the UN is has very limited capacity to constrain the actions of great powers.
The Security Council designers created the veto power so that any of the five permanent members could reject a Council resolution, so in that way it is programmed to fail when a great power really wants to do something that the international community generally condemns.
In the case of the Iraq invasion, the US didn’t veto a resolution, but rather sought authorisation that it did not get. The UN, if you go by the idea of collective security, should have responded by defending Iraq against this unlawful use of force.
The invasion proved a humanitarian disaster with the loss of more than 400,000 lives, and many believe that it led to the emergence of the terrorist Islamic State.
3. Refugee crises
The UN brokered the 1951 Refugee Convention to address the plight of people displaced in Europe due to World War II; years later, the 1967 Protocol removed time and geographical restrictions so that the Convention can now apply universally (although many countries in Asia have refused to sign it, owing in part to its Eurocentric origins).
Despite these treaties, and the work of the UN High Commission for Refugees, there is somewhere between 30 and 40 million refugees, many of them, such as many Palestinians, living for decades outside their homelands. This is in addition to more than 40 million people displaced within their own countries.
While for a long time refugee numbers were reducing, in recent years, particularly driven by the Syrian conflict, there have been increases in the number of people being displaced.
During the COVID-19 crisis, boatloads of Rohingya refugees were turned away by port after port. This tragedy has echoes of pre-World War II when ships of Jewish refugees fleeing Nazi Germany were refused entry by multiple countries.
And as a catastrophe of a different kind looms, there is no international framework in place for responding to people who will be displaced by rising seas and other effects of climate change.
4. Conflicts without end
Across the world, there is a shopping list of unresolved civil conflicts and disputed territories.
Palestine and Kashmir are two of the longest-running failures of the UN to resolve disputed lands. More recent, ongoing conflicts include the civil wars in Syria and Yemen.
The common denominator of unresolved conflicts is either division among the great powers, or a lack of international interest due to the geopolitical stakes not being sufficiently high. For instance, the inaction during the Rwandan civil war in the 1990s was not due to a division among great powers, but rather a lack of political will to engage.
In Syria, by contrast, Russia and the US have opposing interests and back opposing sides: Russia backs the government of the Syrian dictator Bashar al-Assad, whereas the US does not.
5. Acting like it’s 1945
The UN is increasingly out of step with the reality of geopolitics today.
The permanent members of the Security Council reflect the division of power internationally at the end of World War II. The continuing exclusion of Germany, Japan, and rising powers such as India and Indonesia, reflects the failure to reflect the changing balance of power.
Also, bodies such as the IMF and the World Bank, which are part of the UN system, continue to be dominated by the West. In response, China has created potential rival institutions such as the Asian Infrastructure Investment Bank.
Western domination of UN institutions undermines their credibility. However, a more fundamental problem is that institutions designed in 1945 are a poor fit with the systemic global challenges – of which climate change is foremost – that we face today.