Why code of conduct for systems change?

By Sonali Wijeratne

A former Ministry Secretary (Mrs Dhara Wijayathilake) writes in The Island Opinion of 27^th April 2022 of an imperative need for a Code of Conduct for Ministers. She is of the view that such a voluntary code that is merely an oath to be taken by the Ministers, is yet a ‘vital aspect’ to the system change for which thousands of youth, ordinary citizens, civil society are clamouring day and night at ‘Gotago Gama’, ‘Mynago Gama’ and other venues across The Island. Small wonder then that the “Code of Conduct for Members of Parliament effective from April 2018 which would also apply to Ministers” referred to by her, has hitherto had little or no effect so far in preventing this country from the sorry state to which is driven today!

There is something surreal in this carefully contrived 18-point Code of Conduct in context of the present state of the country. In the current scenario, the System has undoubtedly failed the Nation NOT for want of regulations, laws, or Code of Ethics, Codes of Conduct, but the lack of proper implementation and management of the economy, poor governance, problems in policy and politics, populist measures that have been designed to please the electorate at cost to the nation’s coffers, the indiscriminate use of external debt instruments, lack of fiscal discipline and budget deficits over several decades etc.

A strident cry that reverberates across all demonstrations, public protests clamouring for a New Order or Systems Change is that of citizen’s outrage against nepotism, cronyism and corruption of ministers, especially the President, Prime Minister and other Ministers in the Rajapaksa family. Does the writer imagine that a Code of Conduct on oath to be taken by the Ministers could be the magic wand that would assuage this public outcry, let alone result in a new purer cleansed and reformed polity? Are we to dilute the courage, persistence, and continued zeal and idealism of several thousand protestors who brave scorching heat and wet weather with a simplistic new Code of Conduct for Ministers as a dynamic part of the system change?

Besides Point 10 of this Code of Conduct talks of ‘Ministers not engaging in conduct that is in violation of the responsibility of the Chief Accounting Officer who is the Secretary of a Ministry’. Surely, this shoe is on the other foot? It is the Chief Accounting Officer, the Secretary, who is responsible for adhering to the Financial Regulations (FR) and Administrative Regulations (AR) It is the function of the Secretary therefore to advise the Minister on all matters relating to FR and AR and implement the same whatever code of conduct the Minister deems to follow. Whatever verbal or written orders come from the Minister in charge of a Ministry, the Chief Accounting Officer is one who signs on the dotted line on all “tender” and other decision making subject to Cabinet Approval! Therefore while Public Officers may often seem to “struggle to uphold their commitments to render a service with integrity” as this former Secretary declares, they cannot pass over their Accountability and Qualified Immunity of decision making due to the excuse ” that there are sacred principles of good governance that Ministers love to forget or choose to ignore”. Nor can we be so callow or obtuse to assume that the mere oath taking of a Code of Conduct would succeed in changing the scenario to Good Governance and Principled Conduct of Ministers!

Why pass the buck on this most serious matter of accountability? Isn’t it a fact that the Constitutional Changes of the early 1970s resulted in the appointment of Chief Accounting Officers/Secretaries of Ministries based on political and not meritocracy, or seniority of Sri Lanka Administrative Service officials? The demise of the objective, independent, Permanent Secretaries system meant that the Secretaries appointed to Ministries were little more than obedient puppets who for the most part had to obey their masters to survive in their privileged posts! The Pool in the Ministry of Public Administration awaited those who chose to tread the straight and narrow path of Rule and Regulation in opposition to their Ministers in the Ministry. It is extremely rare to find a Secretary of a Ministry who turns whistle blower or who resigns on principle since the method of appointment of these so called Chief Accounting Officers lies in the palm of the Politician/Minister. However, there are many Secretaries who found themselves transferred to another Ministry or Post due to their diligence and honest work.

Therefore, an honest, valid Systems Change must be when the method of appointment of these Chief Accounting Officers is not based on Political Bias/Preference, but on career seniority and merit. It is when we revert to a Permanent Secretary system, where whatever FR and AR followed by the Secretary in a purposive manner for the good of the country remains without interference or political pressure and punitive action.

Let us be clear. A Minister who is appointed to a subject Ministry is often advised, directed tactically and served in the best interest of the country by his Secretary and other officers. Therefore, it behoves on the part of the world of officialdom too to work with a straight back and not bow, cringe in servile sycophancy merely to reap privileges for themselves. The onus on these Secretaries/Chief Accounting Officers is critical. It is under their signature and authority that administrative and policy decisions are translated into action. It is high time that the much talked of “systems change” incorporated the bureaucracy, their accountability in particular, and ensured a more independent infrastructure for them to operate.

The Nation is tired and sick to the death with Declarations of ‘Dharmishta Society’, ‘Yahapalanaya’, Codes of Conduct Vistas of Splendour and Prosperity. None of these highfalutin boasts have yielded the legitimate expectations of the People. Pragmatic Policy and Structural Reform, Mandatory criteria, requirements and legal pre-requisites for holding public office, good governance and transparency must be the order of the day if we are to eschew hypocritical tongue in cheek solutions.

It is enough to consider in retrospect whether a Code of Conduct for Ministers let alone the then Governor of the Central Bank could have prevented the most injurious, erratic monetary policy practiced, of late, plunging the economy to inflationary spiral and all time low in foreign exchange reserves. It seems policy bungling, mismanagement of the worst order, bond scams, unilateral policy statements, e.g. that Sri Lanka does not have a foreign exchange crisis, we have plenty of dollars, IMF involvement is not necessary, etc., that we heard from the former Governor, is above such Codes of Conduct!