A few days ago, I read an article of opinion and deep constructive criticism by Professor Pablo Alarcón Peña, Director of the Graduate School of Law at UEES, related to the Culture of Legality, as the antidote to treat the metastasis of corruption that Ecuador faces, and it was inevitable for me to propose some ideas and reflections on one of the approaches proposed by Dr. Alarcón Peña, that is, the ethics in public administration.
This text is an important contribution to the academy and to society in general. It allows us to go beyond the recognition of the problem and explore some initiatives with differentiating visions that contribute to the promotion and dissemination of this “antidote”, starting by generating an internal examination of conscience, and observing scenarios where we can promote civic values, ethics and all those deontological standards that allow us to build more trust among each other.
The Inter-American Commission on Human Rights, in 2019, in its Report on Corruption and Human Rights: Inter-American Standards, established that “corruption is a complex phenomenon that affects human rights in their integrality-civil, political, economic, social, cultural and environmental-as well as the right to development; It weakens governance and democratic institutions, fosters impunity, undermines the rule of law and exacerbates inequality”, therefore, one of the scenarios that attracts attention is linked to the impact that the culture of legality can have on public servants, through the adaptation of principles such as transparency, honesty, solidarity, integrity and responsibility, in the exercise of their functions.
Although recent episodes of national politics have shown us that the legal framework has been permeable, it is necessary to start with articles 226 and 227 of the Constitution of the Republic of Ecuador, which define public administration as service to the community, provide the notion of administration in terms of values such as transparency and quality, together with the role they play to ensure the full enjoyment and exercise of fundamental rights.
In this line, the Organic Administrative Code has established some principles that feed the vision of public ethics, for example articles 17 and 21; the first one establishes that all public servants and citizens are presumed to maintain an adequate conduct in their relationship (active subject and passive subject), understanding the term adequate as a simile of rectitude and honesty that are mutually owed.
In this context, Article 21 emphasizes that in this State-Citizen relationship, a loyal conduct must be maintained, promoting service, probity, honesty, integrity and good faith, generating mutual trust, solidarity, transparency and dedication to work, “In other words, all deontological values inserted in a legal norm that, beyond being understood as of obvious application due to the respect and the rule of the Culture of Legality, there is a normative commandment that invites to transform the public service and the society.
As if this were not enough, on the international scene we could refer to some instruments that to some extent contribute to these same ends, among them, for example: the Ibero-American Charter for Quality in Public Management, the Ibero-American Charter of the Rights and Duties of the Citizen in relation to Public Administration and the Ibero-American Charter of Ethics and Integrity in the Public Service.
The purpose of these lines is not to summarize these Charters, however, it is vital to highlight their rationale and that they can be analyzed in order to generate greater attention to their practical usefulness.
The Charter related to Public Management tends to promote quality and excellence in Public Management, oriented to the formulation of models and mechanisms that encourage the satisfaction of the most basic needs of citizens and to find in the quality of public management, a truly transforming culture, whose maximum expression is to project in the citizenship, certainty, trust, equity, but above all, justice. The construction of a State model of real welfare, in the face of the debacle and crisis, not only economic, but social; of strengthening and institutionalization of the States and continuous improvements that positively impact on the quality of life of people and public service.
The second document has as a substantial part to recognize the citizen as the beginning and the end of the legal-administrative relationship, defining a set of fundamental rights but mainly, the derivation towards good public administration, which obliges all public entities to treat people with a sense of equity, justice, objectivity, impartiality and all this, in terms of human dignity. It seeks that public administrations contribute positively to the notion of citizen based on human dignity, contrary to the worn-out notion of citizen subject of the State (positive and negative obligations).
In a State governed by the rule of law, the right to good public administration is essential, which not only relies on the strict compliance of a legal rule, but also of certain ethical rules, that although technically there is no mechanism to force its observance, at the same time, it is our internal forum that makes it enforceable. This is typical of the longed-for Culture of Legality, where we can overcome the contempt for institutions, authorities and even our own law.
Finally, the third instrument referred to, i.e., the 2018 Ibero-American Charter on Ethics in Public Service, from its preamble invites us to think about how, based on the recognition of the cancer of corruption and its effects, we can develop better and true public administrations.
The explanatory memorandum of the document is connected with the devastating impacts of the degradation of governments in the exercise of public administration, promoting unnecessary and unjustifiable barriers and/or limitations to citizens' enjoyment of the fundamental right to good public administration.
This text proposes a practice in public servants, whose main axis of action is to create empathy and transparency with citizens regarding their needs and solutions to their problems; it is the product of the conviction and the high commitment to guide the exercise of the administration based on the principles and values intrinsic to human beings.
So, the questions to be asked when writing these few paragraphs are: What do we need? More legal norms that demand the fulfillment of formal duties? Deontological Codes with demands for their fulfillment in legal norms? Or is it necessary a greater examination of conscience to deepen the understanding of the problem and to propose solutions that contribute to the expansion of the culture of legality at all levels?
To answer these questions, it is necessary to emphasize that the detour of public resources, malpractices such as bribes and other acts that tend to corrupt the system, have a direct impact on access to public services such as education, health and housing, affecting the exercise of fundamental rights of individuals. This contributes to the weakening of institutions and the loss of society's legitimate trust in them.
The bad, the incorrect, the inadequate actions that permeate the system have been normalized, and it is precisely necessary to call attention (positively speaking) to the role played by civil society, Higher Education Institutions (HEI), Professional Associations or Guilds in general but especially lawyers, and to question where their efforts are directed, what programs are being created to materialize this civic and values training.
HEIs should create spaces for dialogue and in-depth debate, include subjects related to public management and ethics; think of an autonomous subject such as the Culture of Legality, based on deontological and leadership aspects, which contribute not only to professional development, but also to personal development.
We must join efforts to create training schools for public servants, continuous and permanent training in regulatory updating, but above all in public management and the use of public resources, which will contribute to the improvement of work performance and as a consequence, deepen education with a focus on ethics.
All of us, from the positions in which we find ourselves, have the moral duty to advance and move towards a Culture of Legality, otherwise we will live with the structural problem that afflicts society and that will only be diluted through progressive changes and proactive attitudes, not only from the decisions at the highest levels of government, but also from practices as basic and everyday as ethics in public administration.
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What a great contribution, with a call to the conscience of public servants. It is really disappointing to arrive at a state institution and come across the lousy attention, indifference and apathy of the officials.
Undoubtedly, strengthening the culture of legality in public administration will allow public servants to develop problem-solving skills, establishing as their main duty to act in accordance with the rule of law.
Finally, a culture of legality exists when all individuals in society support the rule of law and submit to compliance with the norms, principles and rules that regulate our society. The change begins with each one of us, promoting a culture of legality is the greatest duty we have as citizens at this moment.
Ethics in public administration.
A topic of great relevance and debate, even more so in these times where we have been able to closely feel the real situation of corruption in the justice system. It is essential to remember what our Constitution of the Republic of Ecuador establishes in Article 227, which allows us to understand that the public administration is responsible for ensuring the proper functioning of justice, and especially those who impart and administer as public officials, which as its name suggests, are those who are designed to protect and serve the citizens, the state.
How important it is for professionals who exercise public administration to put into practice that, to serve a state and not their own name, also managing to impart a collaborative participation between the official who holds public office and the citizen, prevailing above all the transparency of the administrative processes of Justice, although unfortunately today we have been able to feel very closely the negligence and lack of Justice in our country, and how this has socially affected our population, but how important is the existence and openness of these topics of debate, not only to reflect on these issues, but to remind us of the importance of prevailing our principles and values, especially ethics, when exercising any work activity, but even more, to be aware of the responsibility that comes with being part of a public administrative function.
It is there where I share the thought of the activist Nelson Mandela, who always prioritized and emphasized education as the most powerful weapon to change the world and why not, a system that for years has been operating illegally, I fully agree that an education with solid foundations, generates great responsible professionals, understand that holding a public office is not to get rich in its own name, is not to acquire monetary power, it is only to be ready to serve a population.
Today justice has made great strides, although there is still much to work on, we are achieving significant changes that leave precedents in our country, such as breaking the spheres of corruption. Let's join more professionals willing to serve a country without seeking their own interest in an illegal and illegitimate way, let's heal together the cracks of a failed state, let's not allow the existence of corruption, let's not become accomplices of the system, it is not an easy task nor will it be an overnight change, to really make a purge of the pollution that exists within the spheres of public administration is a job that will take time, but education is our best weapon, and that by example we can create a culture of more conscious citizens.
Professional ethics is important in all types of work, but for lawyers it is essential.
Dear Dr. excellent contribution and analysis of your opinion regarding ethics in public administration, in this regard it is important to indicate that this issue is of great relevance in the fight against corruption and the strengthening of public management, in this sense it has been shown that corruption is a significant problem in public administration has become a cancer that affects public administration, evidencing with it the abuse of power and influence peddling, turning the administration into a means to achieve personal goals, effects of corruption that are detrimental to the development of the country.
In this sense it is imperative to highlight that the fight against this evil is corruption and with it the lack of ethics in public administration, which is a constant challenge in our country, so measures have been implemented to combat this problem with the creation of laws and control bodies, as well as the promotion of transparency and accountability, however there is much to be done to eradicate corruption in public administration.
Finally, the active participation of citizens in the surveillance and control of public administration is fundamental as a mechanism for citizen monitoring, which would contribute to preventing and combating this problem.
Dear Dr., excellent contribution on the current situation that the country is going through in the Public Administration «metastasis case».
I believe that we should not implement more laws for a good public administration, because the ones we have are clear, the problem is that those in charge do not apply them, because they put their own interests before the interests of society, it is a problem of the person due to lack of ethics, honesty, etc.
I believe and think that public officials should be in constant training, that all of them are there to serve and not to be served, that the Public Administration is a service of quality, opportunity, speed and equity for the users. Emphasizing that for there to be a good Public Administration, more State intervention is needed in the sense of providing security and protection to public officials, as it is known that organized criminal gangs threaten to kill and kidnap public administrators, and before this threatening situation, those who are honest and have ethics, today are no longer among us, their lives were silenced by criminals.
Anyway, very good analysis on your part, my dear Dr. A hug.
Dr. Pablo Alarcón's article on “Ethics in Public Administration: a component of the Culture of Legality» reveals a genuine concern for the state of public administration in Ecuador and the fight against corruption. It is important to recognize the importance of promoting the culture of legality and ethics as a fundamental step towards a fairer and more transparent system. In addition, a recognition for such a profound illustration of Dr. Pablo Alarcón Peña, whose ideas and reflections serve as a starting point for discussion in this forum.
It highlights the need to go beyond mere recognition of the problem and to propose concrete actions to address it, knowing the importance of strengthening ethical training in educational institutions and providing continuous training to us public officials. This comprehensive proposal involves the whole society in building a culture of transparency and accountability in public management.
Personally as a civil servant and as a student, I find these reflections highly relevant in the current context of Ecuador and many other countries facing similar challenges in terms of corruption and lack of trust in institutions. It is encouraging to see how practical and concrete solutions are put forward that could contribute to improving the situation. Undoubtedly, the promotion of ethical values and the strengthening of legality at all levels of society are indispensable steps towards a more just and equitable future.
The issue of ethics in public administration in the field of a culture of legality, very interesting and at some point you get to make that internal examination of conscience that should not act immorally within the economic resources of the administrations, that is clear to us, but this is an eutopia to want to implement this culture of legality in public administration, because we know that the state has a lot of money, it has a lot of resources and even worse when people enter the administrations only to steal and see the ways of how to steal and make overpriced works, and it is sad because these officials enter to earn a good salary but it is so greedy and wasteful that they do not advance, here is a big problem with the salaries of civil servants is not equitable, there are officials with minimum salaries and being responsible for all a unit overloaded with work.
Then they see the public administrations as a good business starting from the salaries and the power they are given, in short a tremendous corruption scheme, even more when this official does not have that conscience and work to serve the public administration, and if you can continue making these reflections on ethics and a culture of legality, but you can not change this sad story of corruption because they are already consolidated structures in all state entities.
Good people with true ethics will continue to do and work to achieve a good administration, as for legality is the same state, who must create policies to put limits to this corruption and power within state institutions.
In the meantime, there are more of us good citizens and we will continue to work with a culture of legality.
The lucrative markets of extortion, kidnapping and drug trafficking further bolster the gangs' coffers, providing criminal groups with the means to bribe officials and, at times, even lure them into their network. Seeking to profit personally without caring what may happen in the future and leaving aside his functions as a public servant.
Political corruption manifests itself when politicians, out of greed, secure a private fortune, divert funds from public coffers, extort money from individuals and companies to obtain resources, accept bribes to carry out illicit operations or speed up licit ones, buy votes in elections or receive legal or illegal contributions for their party or political campaigns that they qualify as anonymous to hide their origin, most of the time reprehensible even though they know that they come from wealthy groups with special interests in exchange for favors.
While security measures focus on targeting Ecuador's street gangs, recent cases show that high-level government corruption has also become a huge obstacle in the fight against organized crime.
In addition, corrupt judges allegedly delayed money laundering cases against Norero's brothers after receiving bribes, while police and prosecutors on Norero's payroll passed him information about security force crackdowns both inside and outside prison.
But even with these measures, government corruption in Ecuador remains a formidable obstacle to reversing the advances of criminal groups. Record amounts of cocaine flow through Ecuador, and InSight Crime estimates that the Colombian cocaine entering the country alone may be worth nearly $1 billion to the criminal groups that help store and transport it through the country.
It offers a profound and necessary reflection on corruption in Ecuador and the importance of ethics in public administration as a means to combat it. The proposal to establish a culture of legality is not only pertinent, but crucial, given the context of widespread distrust of institutions. The interconnection between corruption and the violation of human rights especially resonates, highlighting that corruption is not only a legal phenomenon, but an attack on human dignity and social equity.