Cogito, ergo sum. I think, therefore I am. (René Descartes, mathematician and philosopher,1599-1650)

Saturday 16 January 2010

(B) Public Service Code of Conduct: Fiji and NZ

CORRECTION: Fiji does have a public service code of conduct. It is to be found (see comments) in the Public Service Act 1999, Section 6. I have not been able to access the Act but I presume its requirements are close the to the NZ public service code of conduct.
Bainimarama government's reaction to civil servants and council workers participating in anti-government blogging; its demand of loyalty from its employees, and its threats of dismissal for those working against Government may have been seen as an over-reaction, and a further attack on human rights. This misconception is due, in part, to the media failing to provide  essential background information on the conditions of public service employment.

Public servants worldwide are required to comply with codes of conduct. I have been unable to sight the Fiji Code but I doubt it is greatly different from the  NZ Code of Conduct, extracts of which follow:

The New Zealand Public Service Code of Conduct
The three principles that spell out the NZ Code's core values mention 1) fulfilling their lawful obligations to Government with professionalism and integrity; 2) performing their duties.honestly, faithfully and efficiently, and 3) they "should not bring the Public Service into disrepute though their private activities.

While, generally, public servants "have the same rights of free speech and independence in the conduct of their private affairs as other members of the public ...they also have a duty not to compromise their employer or their Minister by public criticism of, or comment on, Government policy ...their contribution to any public debate or discussion on such matters is appropriate to the position they hold, and is compatible with the need to maintain a politically neutral Public Service..."

Unacceptable Behaviour
Comment made by public servants "on matters of public policy would be regarded as unacceptable if it:
  • revealed advice given to the Minister;
  • used or revealed any information gained in the course of official duties where this was not already known by, or readily available to, the general public;
  • criticised, or offered alternatives to, a proposed or actual Ministerial policy or departmental programme, or that of any other Minister or department with which the individual was professionally involved; 
  • purported to express or imply a departmental view, rather than clearly expressing a personal view only;
  • gave openly partisan support to, or criticism of, a political party;
  • constituted a personal attack on a Minister, departmental colleagues or other public servants or
  • amounted to a criticism sufficiently strong and/or persistent so as to call into question the public servant’s ability to impartially implement, administer, or advise upon a Government policy."
Using the New Zealand Code as a measure of best practice, the Fiji Government's threat to dismiss public servants who breach the code of conduct must be considered "normal". And this is how it should be presented to the public by the media.                                     Photo: worldfocus.org

23 comments:

Kania Tiko said...

I've asked you a couple of times in the Hook and Chook thread - but I guess you aren't keeping track of that thread.

The address I gave you was the wrong one - it's www.lunchinsuva.org and not www.lunchingsuva.org (in other words get rid of the G)

Appreciate if you could fix the link.

Anonymous said...

No Codes of Conduct were applied in Fiji in either the civil service or anywhere else much. Whether they existed (and they did for the Civil Service) was one thing. The fact that the amended 1997 Constitution of Fiji called for them where they did not and this was never applied is the other salient fact. Yet time and public money were spent drawing up ridiculous Bills which had no benefit whatsoever to the nation. The intention was to implement these bills and the diplomats at then on the ground in Fiji believed these lies. What fools they all were! Some of us had better instincts and we advised them they were mistaken. They paid no heed.

Anonymous said...

@Anonymous 8.41am

Surely, the failure to introduce the Codes of Conduct should have been the vital test that would have alerted not only the overseas diplomats (so very naive and ridiculously inept) to have known that bad faith and lies were in play but also Fiji's equally inept politicians? It did not. They all played the ball as though it was 'squeaky clean'. This was an act of stupidity. It was conduct contrary to the public interest and they let us all down. The former Commissioner of Police, Andrew Hughes, turned his back on the people of Fiji. Those whom he was appointed to serve....surely? This is an undying image of shame and incompetence. Those who were in the middle of it, know so. By contrast, the lying, paid informers of the Fiji Police Special Branch, embedded within the Methodist Taliban were naive, greedy and conniving children. May God Have Mercy on the lot of them. They require it.

Anonymous said...

@ Kania Tiko

Your blog is wonderful. Just as you've asked Croz to provide a link to your blog, would you likewise do the same with his? Anyway, reading your blog helps a lot for people like me who wants to start a restaurant on my own.

Anonymous said...

Anonymous wants to start a restaurant? That is good news but make sure you pay your Business Licence and when you do be sure to insist that a level playing field is in place for all entrepreneurs. Else, they will fly away elsewhere. You might also want to ask why a human rights activist and well-qualified lawyer with little judgement was employed for years using overseas taxpayers' money? Did they do no due diligence? What were they thinking of? In the meantime. corruption and abuse of office conduct was running out of control in Fiji. This lady was an undoubted beneficiary of this state of affairs. As so often happens, she raises a riot of noise and displacement activity to direct attention elsewhere. This will not wash. All those overseas taxpayers who have undermined the Fiji situation by allowing such persons free rein, had better start asking questions of their over indulgent governments. Some of us take great exception to their largesse. Some of us are heartily fed-up with their indifference and their skewed policies. Cut these persons loose and begin to serve the interests of honest, hard-working and decent people in Fiji: all those Citizens who deserve so much better and require a hearing. We shall before long have occasion to say this publicly. Never believe that we shall not!

Unknown said...

Don't try and compare the Fijian dictatorship's way of doing things as normal or like New Zealand's.It isn't. there is no way that Bainimarama and his stooges can justify what has happened in Fiji.

NZ was one of the best friends Fiji ever had and we have no option but to oppose the military regime.It is the arrogance of Bainimarama that is making things difficult for Fiji with the international community.

Is it anything to do with land? Does he propose to allow Indo-fijians to buy land in Fiji?

Otherwise why would they support him?

Seventh Generation said...

@ Kiwi Riverman

Well it takes an arrogant ignoramus accustomed to rivers and lakes (a hippopotamus?)to post such rubbish. Indo Fijians have ALWAYS been able to purchase land in Fiji. what are you going on about? Many of us support the government in Fiji and we are not Indo-Fijian - we are Fijians.

Anonymous said...

Kiwi Riverman, I see, is close to the Capital and therefore of the same mind-set of the rest of that area brain-washed by the Dom Post.

Useless politicians have made no move and no change in their way of handling Fiji in three years. They don't seem capable of any adjusment. Too busy at Copenhagen sucking up to Mugabe.

Kiwi Riverman, check out 'vutalaki'!

Cornileus

Kania Tiko said...

Thanks for fixing the address - however the link is still wrong - my name is still linked to www.lunchingsuva.org, appreciate if that could be addressed and pointed to the correct address of www.lunchinsuva.org.

Anonymous said...

Yes there is indeed a Public Service Act Known as the "PUBLIC SERVICE ACT 1999"

All rules that govern the public service can be found in "section six"

Walker Texas Ranger said...

@ Anonymous 7.30am

Thank you for leading us to the correct place in the Public Service Act. The words that must be attended to are: Implementation, implentation, enforcement! These must apply across the board, equitably: NO EXCEPTIONS. When they are not, things go wrong. When things go wrong, attention must be paid. The tests for failing states are there and nowhere else. So, implementation and enforcement: of the law, of codes of conduct, of compliane in all areas of regulation. Is it pleasant? No it is not. But it MUST be done.

Peter said...

I have no problems with people being sent home while an enquiry is held as long as they are on pay and have a reasonable chance to defend themselves against any accusations. The lack of reporting of actual charges is making this look worse than it probably is. The Government needs to be seen as firm but fair in its treatment of its employees or there will be passive resistance that results in nothing being achieved. They need to make all employees aware they will take no nonesense. They need to convince the employees that they have a safe and stable future as long as they do what is required of them.

Walker Texas Ranger said...

@ Peter

The passive resistance is already in place. It may be evidenced by the Fiji Police Officers who refuse to investigate valid complaints. In one instance, a disinclination has become known to investigate an act of perjury associated with a large-scale corruption case. This does nothing to reinforce confidence in the rule of law. If a court orders an investigation by Police, it must be complied with. Too many persons have felt too safe for too long in their dens of impunity. They must be told that taxpayers' money pays them to perform according to gazetted regulations and the law. Now what is difficult about that?

Anonymous said...

This report from the Fiji Sun regarding Forum Secretariat's conduct infuriates me. This clearly shows that those running this organization are colluding with New Zealand and Australia to deny Fiji it's rights as a member of the Forum Sec.

I urge Bainimarama to pull out of Pacer completely. It doesn't do us any good. time to expel all those expats who are agents for Australia and New Zealand working for Forum Sec and staying in Fiji.

If worse come to worse, get rid of the Forum Sec from Fiji's sovereign soil. This body cannot be allowed to have their office in Fiji when they are working against Fiji and its citizens.

TheMax said...

Sorry link here on the article from the Fiji Sun:

http://www.fijisun.com.fj/main_page/view.asp?id=32842

Anonymous said...

At the day's end, it IS all about interests, isn't it? How many have we had working against the interests of taxpayers/honest citizens/doing an honest day's work for a day's pay for over twenty years! How many too have come to Fiji paid from elsewhere and have undermined us from within? Only Peter Ridgeway had the decency and the honesty to be transparent about what was happening in his so important area of operation. He was exediently hurried out of Fiji. No one lifted a finger to save him or us. What does tell us all about the price of fish?

Kaiba40 said...

Interesting to see how these posts wander all over the place rather than focusing on the issue under discussion. The point of this particular issue is that, irrespective of the rights or wrongs of the current regime's actions in imposing censorship across the board, in regard to its civil servants ANY government has a right to demand that they do not publish or speak publicly on policy matters unless they are authorised to do so. That does not merely mean they can't speak AGAINST those matters, it means they can't SPEAK publicly about them unless their job authorises them to do so. But even if their job DOES authorise them to announce or relay policy decisions as spokesperson, they are never free to criticise government policy, however much they may personally disagree with it. Croz is absolutely right, this is standard everywhere. This even applies to members of committees, for goodness sake, let alone civil servants. In Australia, were a public servant to set up a blog openly hostile to the State or Federal government employing him/her, they would be subject to dismissal. Aus/NZ reporters MUST know this. That they choose to ignore it but instead write as though it is yet more repressive behaviour is indicative of their standard approach when dealing with Fiji these days — don't let the facts get in the way of a good beat-up.

snoopy said...

Kaiba40 - you are correct on the issue of Govt or COuncil employees being investigated for running anti Govt blogs and esp at work.

However i am not so certain on the cutting of pension issue. This seems overboard and designed to quiten anyone speaking against the Govt.

Crosbie Walsh said...

Snoopy, I presume you realize the pensions are the non-contributory parliamentary and similar pensions, not the contributory FNPF pensions. My guess is these pensions will only be stopped in cases involving very outspoken critics, mostly former members SDL MPs and the like.

snoopy said...

Croz - I appreciate the pensions are Govt pensions paid mainly to ex MPs, Ministers and PMs - very much in line with what is done in many countries. These are contractual agreements in place before the current Govt was in place. I believe that it is dangerous for the Govt to change existing contractual agreements even though the beneficiaries may be anti Govt. It does not instill confidence in investors for starters. However more importantly how/who will make the decision as to what is anti Govt. Can your criticism of the Govt PER be taken as anti Govt - and if you were on a Govt pension could the Govt cancel it; can my criticism of certain Govt actions make me Anti Govt. These are subjective matters and there will be a lot of grey areas.

Crosbie Walsh said...

Snoopy, You are absolutely correct. I acknowledge defeat on all fronts. But it doesn't seem right paying some of these people. I wonder whether under previous legislation there were grounds to withhold pensions, and whether people in prison continue to receive them?

The main point, though, is that the media and opposition misled people into thinking FNPF pensions were involved. Cheers.Croz

snoopy said...

Croz - the media's ignorance amazes me. You are right they tried to make it a much larger issue - ie if FNPF pensions were imapacted than it would have impacted many more people and FNPF funds are contributed funds so legaly he can/should not touch it.

I have doubted/disagreed with a number of things that Bainmarama has done so far but i will give him credit where it is due. He has had much greater foresight and courage than i credited him for. He took on the Great Council of Chiefs (too much self interest for the elite Fijians while ordinary Fijians are ignored)which i thought was risky, he took on the Methodist Church which has been one of the real instigators of racial hatred in Fiji when i feared them. He aborated the 1997 constitution. These all have proven to be beneficial in the long run.

He is proving himself to be a true leader (leaders can be good or bad eg Hitler) and maybe even a visionary (time will tell.)

I really hope Fiji is a better place because of him. Australia and NZ have not recognised what has happened there for the last 23 years - a country with such potential going so far backwards.

Westie said...

@snoopy

You pick your side mate!! I am a regular reader of the blog and am tired of some of your anti Govt leanings.

Banimarama is leading a revolution and thsi requires some strong action. Stop doubting him and get behind him - there ar etoo many people standing on the sidelines who see/agree with the good work that Banimarama is doing but are not willing to publicly support him.

You are either with the revolution or against it!!!! Yeehaaaaa