The Case of Estonia New Code of Ethics for Officials Anneli Sihver, Ministry of Finance 2 October 2015

Table of contents 2 Why was new Code of Ethics needed? Key stages of designing the Code Short-term impact of the Code Which issues generated more discussion? /in-depth session/ Achievements and challenges/in-depth session/ Suggestions for drafting a “working” code /in-depth session/ 6

Why was new Code of Ethics needed? 3  Relatively modest level of implementation of the previous Code of Ethics (1999).  50% of the state agencies had organisational values.  13 state agencies had organisational ethical codes.  Commission of Ethics for Officials was established in 2013.

Our objective 4 Value-based code of ethics which is: 1) “ethical compass” for officials to make value-based decisions; 2) set of principles for citizens, media and public to understand the role of the officials.  New ethical dilemmas presumed updating of civil service values.  Clear need for a value declaration, not compliance-based code.  Updated structure to make the Code more user-friendly and practical.  Simple wording and specific examples.  Reflection of the values which are supported by civil servants.

Key stages of designing the Code 5 Analysis of previous Code Document analysis Drafting. Consul- tation Testing. Discus- sions Testing. Discus- sions Implemen- tation Sept – Oct 2013: surveys, court decisions, feedback from organisations, articles, etc. Jan – Oct 2014: basic structure -> main part -> explanatory chapter -> implementation chapter Since March 2015: communication, training programs, specific guidelines, developing ethics infrastructure Nov – Dec 2013: surveys, organisational codes and values, legislation, international practices Nov 2014 – March 2015: public consultation, seminars with officials, meetings with experts, approval: 11 March 2015

Structure of the Code of Ethics EXPLANATIONS, EXAMPLES, IMPLEMENTATION Description of values and principles Practical examples Obligations for institutions Recommendations for implementation PRINCIPLES EXPLAINING THE CORE VALUES Each core value consists of 2–6 principles explaining the meaning of the value 6 CORE VALUES Lawfulness Focus on people Trust- worthiness Professional -ism Impartiality Openness & cooperation

Short-term impact of the Code 7  Involvement of organisations has been a trigger for several agencies to start developing their integrity infrastructure.  Media has become more aware of the ethical dilemmas and the Code of Ethics.  The Code provides basis for drafting guidelines on specific topics (e.g. freedom of expression of officials in social media).  According the previous staff survey “Roles and Attitudes in the Civil Service” (2013), the officials who had at least read the Code of Ethics were more critical towards ethically questionable issues.  Impact of the new Code will be analysed in 2017.

 Organisations’ expect more detailed principles, while the Code has to cover the civil service in general. Additional guidelines and organisation-specific rules are necessary.  The choice, ranking and meaning of the core values. E.g. What is the difference between trustworthiness and impartiality? Is good governance related to lawfulness or competency?  Whether to cover or exclude those issues which are already regulated in the laws? Comprehensiveness is important. Which issues generated more discussion? 8

 Whether to use juridical terms or everyday language? The Code has to address the public.  Is the Code applicable to the support staff? The values are peculiar to all civil servants. Law amendment is needed.  Most complicated topics during drafting process were: The extent of the freedom of expression, meaning of the lawfulness, wording of the preamble, meaning of the political neutrality, principle of drawing attention to integrity violations. Which issues generated more discussion? 9

Achievements & Challenges 10  Organisations and experts were willing to contribute, express their views and participate in discussion.  Ethics Commission proved to be an efficient organisational structure for coordinating the process.  The new Code has been welcomed positively by civil servants and the public.  The Code includes values and principles, not final solutions. Skill of ethical decision-making is important.  Reaching those organisations who have been passive towards integrity development.  Attracting the interest of top civil servants and local governments.  Guidelines are needed for controversial topics.  Developing a user-friendly electronic plaform for the Code.

Suggestions for drafting a “working” code 11  The process must have an “owner”.  Time, patience and dedication are needed to discuss the meaning of values. Be ready that different professions speak “different languages”.  Avoid formalistic approach. Formal consultation procedure is not sufficient. Involvement is important.  Distinguish common values from profession-specific values.  Approval of the Code is just the beginning.  Teaching ethics with practical examples works the best. So do scandals.  Integrate integrity measures to existing development activities.  Involve media and the public.

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