Preamble
We,
African Public Service Ministers, meeting on the occasion of the Third Pan
African Conference of Public Service Ministers held at Windhoek (Namibia) on 5
February 2001.
Reaffirming the political
commitment made by African Public Service Ministers at the Second Panafrican
Conference held at Rabat from 13-15 December 1998, to enhance
professionalism and ethics in the public service in Africa, in close
collaboration with their colleagues from the other ministries;
Recalling the recommendation
of the Rabat Declaration on the elaboration of a Charter for the Public
Service in Africa, which affirms the professional values of the public service
in Africa, redefines its objectives and missions and specifies the fundamental
conditions required for strengthening its role, competence, ethical values and
image, including a code of conduct for African public service employees;
Considering the mandate
given to the Chairperson of the Second Conference to set up, with some of the
Conference participants, a working group with the backing of the African
Training and Research Centre in Administration for Development (CAFRAD) and
the Department of Economic and Social Affairs (DESA) of the United Nations, to
elaborate a draft Charter for the Public Service in Africa;
Considering the need to
adapt the different public services in Africa to the new requirements of
public service, so as to be able to anticipate or accompany the profound
changes that African countries are experiencing and take into account the
prevailing socio-economic conditions, including:
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· Modernizing
administrative structures by mastering the new communication
technologies, allowing to transform historically and politically
motivated functions into sound business-like operations;
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· Adapting to the
increasing globalization of the economy and creating an enabling
environment for private sector growth;
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· Ensuring not only
the economic growth and the strengthening of basic infrastructure but
also promoting social development and striving to reduce the growing
disparities in income and opportunities in order to foster social
solidarity;
Considering that public
services must be able to discharge, in optimum conditions of equity and
effectiveness, their vital mission of safeguarding the fundamental values of
the public service, protecting the public interest and promoting human and
sustainable economic and social development;
Considering that, in order
to preserve their legitimacy, public services must adapt to and respond in a
sustainable, quality-conscious and efficient manner to the needs of users by
placing them at the centre of their concerns, while ensuring transparency and
respect for human rights and democracy;
Adopt the present Charter
for the Public Service in Africa which:
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· Defines a framework
to guide the public services in Africa in taking such legislative,
regulatory, technical and practical measures as may be required to
create propitious conditions for the proper functioning of the public
service and improve the quality of its services;
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· States and defines
the principles and rules of conduct for public services and State
employees, who shall foster a neutral and stable environment conducive
to the strengthening of ethical values and the image of the public
service, as well as the professionalism of its employees;
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· Expresses the will
of African States and underscores their political and moral commitment
to streamline the services provided to citizens and ensure the efficient
use of the resources allocated for such services;
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· Encourages
South-South exchanges of experiences and information and horizontal
cooperation.
This Charter shall be
structured as follows:
1. General provisions relating to the
duties and role of the public service designed to restore and/or enhance its
image, credibility and legitimacy;
2. Provisions relating to the conduct of
public service employees in the exercise of their duties;
3. Provisions relating to legislation,
organs and mechanisms, as well as monitoring and follow-up tools.
Title 1
General Provisions
Part I - Purpose and Scope
Article 1: Purpose
The Charter for the Public
Service in Africa shall:
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· Define the
principles and general rules governing African public services with
respect to transparency, professionalism and ethical standards;
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· Give concrete
expression to the commitment of African States to promote such values in
the public service;
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· Serve as a policy
framework for the public service administrations of all African
countries and a source of inspiration for the development, strengthening
or updating of national codes of conduct.
Article 2: Scope
The provisions for the
present Charter shall apply to public services and to public service employees
as defined in article 3 below.
Article 3 :
Definitions
For the purposes of the
present Charter the following definitions shall apply:
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· "Administration"
: any public entity that implements government policies and takes
decisions that affect the rights of other persons or entities, be they
individuals or not, and/or has a public service responsibility;
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· "Person
concerned" : any legal person or individual who may be directly
or indirectly affected and concerned by a decision emanating from the
public service;
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· "User"
: an individual or legal person using the services of a public service
and benefitting from them;
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· "Competent
authority" : the Minister or administrative authority of the
State or of the public service body which is authorized to take an
administrative decision;
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· "Public
Service employee" a person in public employment given the
responsibility for taking, implementing or enforcing a decision within
the meaning of the preceding paragraph;
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· "Ethics"
: the standards which guide the behaviour and actions of personnel in
public institutions and which may be referred to as moral laws;
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· "Conduct"
: conduct shall be understood as the behaviour, attitude and
activities of public service employees both within and outside their
working environment.
Part II - Fundamental Principles of the
Public Service
All African countries that
are signatories to this Charter, the administration shall respect the
fundamental, universal principles of the public service. This implies that
legal provisions exist, that they are well known, comprehensible and
accessible.
Article 4: Principle of
equality of treatment
All public services shall
recognize the equality of citizens before the law.
Persons in a comparable
situation vis-à-vis the administration shall be treated equally without any
distinctions whatsoever.
Any discrimination based on
the place of origin, race, gender, religion, ethnic group, philosophical or
political convictions or other personal considerations shall be prohibited.
Moreover, measures taken by
the public service shall be proportional to what is required to achieve the
goal of safeguarding the interests of the public at large, so as not to unduly
affect the interests of other parties.
Article 5: Principle of
neutrality
The public service that
serves the interest of the public shall not discriminate against its employees
because of their personal traits. The public service as a whole remains
neutral in respect to the government of the day and this fundamental principle
will be respected by all administrations.
Article 6: Principle of
legality
Public service shall be
provided in strict compliance with the law.
Administrative decisions
shall be taken in conformity with existing regulations.
Article 7:
Principle of continuity
Public service shall be
provided on an ongoing basis and in all its component parts, in accordance
with the rules governing its operation.
Failure to comply with the
principle of continuity may incur the liability of the administration in
respect of any person who might have suffered harm on account of such failure.
In this connection, the
right to strike shall be exercised within the bounds of respect for the rule
of law and the principle of continuity and in respect of those services the
interruption of which endangers the life, personal safety or health of the
whole or any part of the population.
Part III - Rules
Governing Relations between the Public Service and the Users
The public service shall
serve users in accordance with the following criteria: proximity and
accessibility of services; participation, consultation and mediation; quality,
effectiveness and efficiency; evaluation of services; transparency and
information; speed and responsiveness; reliability and confidentiality of
information.
Article 8: Proximity and
accessibility of services
The public service shall be
organized along functional and decentralized lines designed to bring public
management closer to the people and provide them with appropriate and
accessible basic services.
Physical proximity and
accessibility can be achieved by the application of appropriate information
and communication technologies (E-Governance).
Article 9: Participation,
consultation and mediation
It shall be the
responsibility of the administration to ensure that the mechanisms of
participation and consultation involving civil society and other stakeholders
are effectively put in place through consultative forums or advisory bodies.
When provision is made in
the texts for consultation, the public service may not introduce in its
definitive texts, any provision that shall not have been submitted beforehand
to the relevant advisory body for its opinion.
To avoid conflict of
interest no individual who has a direct or indirect vested private interest in
the subject matter of any consultation may be a member of an advisory body or
take part in its deliberations.
It shall be the
responsibility of the public service to put in place a system of mediation
through an institution that has sufficient moral and social authority that
enables users as well as public service employees themselves to have means of
redress other than administrative and/or legal remedies. The mandate of this
institution would thus be to ensure that the rights of users and public
service employees are upheld for the benefit of all parties concerned.
Article 10: Quality,
effectiveness and efficiency
The public service shall
ensure that the highest quality and the most effective and efficient services
are provided by making optimal use of the resources at it disposal. It shall
also take into account the resources and means that users have available to
them to benefit from public services.
The public service shall
make the necessary adjustments to the way in which its services are organized
and operated, in order to respond, on a sustainable basis, to changing needs
and the demands of the public at large. These adjustments must lead to better
service delivery and must be informed by best practices in the application of
the information and communication technologies.
Article 11: Evaluation of services
The evaluation of the
effectiveness and productivity of services shall be based on objectives and
programmes of activities defined beforehand, accompanied by performance
indicators and criteria.
To this end, evaluation
mechanisms shall be established in the public service to carry out periodic
evaluations of the services offered to the public.
The results of these
evaluations shall be disseminated, together with the publication of the annual
reports.
Article 12: Transparency and information
Administrative decisions
shall always be taken in accordance with transparent, simple and
understandable procedures, while ensuring accountability.
All administrative units
shall make available all the necessary information on acts and procedures in
their respective domains, as well as the information required to assess their
management, with a view to enabling those interested to have full access.
The administration shall
inform the person concerned of any decision taken concerning him/her,
indicating the reasons for such decision and stating, where necessary, the
legal remedies open to him/her, should he/she decide to challenge the
decision.
The administration shall
establish or strengthen reception and information units for users in order to
assist them in gaining access to services and in recording their views,
suggestions or complaints.
Article 13: Speed and
responsiveness
The public service shall
determine and respect deadlines in the delivery of its services. These
deadlines must be established by law and regulations and evidence of unusually
long delays, may make the administration liable to legal action.
Failure by the public
service to take action upon the expiration of a deadline as stipulated in the
law shall be construed as tacit acceptance, unless otherwise expressly
provided by the law or regulations.
Article 14: Reliability and
confidentiality of information concerning citizens
Personal information or
information that helps to identify, in any manner whatsoever, directly or
indirectly, the individuals concerned, may not be subject to processing,
including computerized processing, in a manner that would violate personal
privacy, individual freedoms or human rights.
Any person who can prove
his/her identity shall have the right to be informed about any personal
information concerning him/her, and to challenge and have such information
corrected, if need be. He/she shall also be informed of the use to which such
information is put, including in computerized information.
With the exception of
administrative departments such as the police and the judiciary, which may be
authorized by law to maintain automated personal data files, no files shall
contain information on the private life, views, health or individuals, or on
any other type of information that may violate the privacy of individuals,
without the express authorization of the individuals concerned. Departments
must however take cognizance of the complexity of privacy and disclosure in
the event of an individual, where a balance has to be found between privacy
and public interest. (i.e. HIV/AIDS).
Part IV - Relations between
the Public Service and Public Service Employees
The relations between the
public service administration and its employees shall be based on professional
merit and respect for human rights.
The administration shall see
to the career development prospects of public service employees while ensuring
the development of human resources and their self-fulfilment.
Article 15: Recruitment and
promotion
Public service employees
shall be recruited, appointed and promoted on the basis of their competence
and professional skills and in accordance with transparent and objective
procedures that guarantee equal opportunities for all, women, disabled and
particularly disadvantaged groups.
Article 16: Mobility and
redeployment
Deployment and redeployment
of staff shall take due account of the exigencies of the service and as far as
possible will respond to the aspirations of public service employees for a
satisfactory and rewarding career development.
Article 17: Staff training
and development
Considering that public
service employees are entitled to training and development, the public service
administration shall provide an enabling environment and the necessary
resources for enhancing and adapting, on an ongoing basis, their knowledge and
skills, including through allowing them to specialize and become versatile.
Article 18: Motivation
The organization and
functioning of the public service administration, as well as the management
style and quality of management of managers, shall address the aspirations of
public service employees for self-fulfilment and develop in them leadership
capabilities, responsibility and a sense of initiative.
The public service
administration shall foster dialogue between subordinates and management, not
only with regard to improving working conditions, but also to prospective
reforms.
Article 19: Remuneration
Public service employees
shall be entitled, within the framework of an improved, motivational, coherent
and harmonized system, to fair remuneration that is commensurate with their
responsibilities and performance and enables them to live in dignity.
Article 20: Physical safety,
working conditions and security of tenure
The administration shall
guarantee minimum standards of health, security and safety in the workplace.
The administration shall
grant public service employees immunity from prosecution in the performance of
their duties which is within the purview of the law.
With the exception of the
disciplinary measures provided for by law, public service employees may not be
subject to any measures that may affect their dignity and tarnish their honour.
Title II
Code of Conduct of Public
Service Employees
Part I - Fundamental Values
of the Public Service Employee
The fundamental values of a
public service employee shall be based on public service rooted in
professionalism and ethics.
Article 21: Professionalism
Professionalism resides in
how skillfully and how well a public service employee performs his/her
functions and duties.
Professionalism manifests
itself in the public service employee’s behaviour at work and in his/her
constant effort to improve, reinforce and update his/her knowledge, refine the
skills that are necessary for carrying out his/her tasks and enhancing his/her
output and productivity.
Article 22: Ethics
Ethics shall mean a sound
culture based on ethical values and principles.
A public service employee
shall ensure compliance with the principles of law and the implementation of
judicial decisions.
A public service employee
shall perform his/her duties properly and efficiently and display professional
discipline, dignity, integrity, equity, impartiality, fairness,
public-spiritedness and courtesy in the discharge of his/her functions,
notably in his/her relations with his/her superiors, colleagues and
subordinates, as well as with the public.
The public service employee
shall ensure at all times that public property under his/her responsibility,
is managed in the most appropriate and efficient manner.
Part II - Rules of Conduct
for Public Service Employees
The rules of conduct for
public service employees shall be part of an integrated anti-corruption
system.
A public service employee’s
conduct shall be deemed to be appropriate when he/she behaves in a manner that
enhances public confidence and boosts the image of the public service.
Article 23: Integrity and
moral rectitude
Public service employees
shall refrain from any activity that is inconsistent with ethics and morality,
such as misappropriation of public funds, favouritism, nepotism,
discrimination, influence-peddling or administrative indiscretion.
Public service employees
shall not solicit, accept, demand or receive, directly or indirectly, any
payment, gift or other advantage in kind, in return for performing or
refraining from performing their functions or obligations.
It shall be reprehensible
for public service employees to offer gifts or other advantages that might
influence in their favour or in favour of family members and friends, the
judgement or decisions of another person.
Public service employees
shall under no circumstances use public property or prevail upon subordinates
to perform activities other than those falling within the scope of their
functions or mandate.
Article 24: Conflict of
interest
Public service employees
shall not take up functions or positions, engage in transactions or have any
financial, commercial or material interests that might be incompatible with
their functions, responsibilities or duties.
Without prejudice to the
incompatible activities already laid down in the law or regulations, public
service employees shall, to the extent required by their official position,
declare any financial and commercial interests they might have or any
profit-making activities they may be engaged in, either directly or through
family members, if such interests or activities are likely to give rise to
conflicts of interest.
In the event of any
potential or actual conflict of interest between their professional status and
private interest, public service employees shall terminate activities likely
to give rise to such a conflict.
Upon leaving office, and for
such period of time as may be stipulated by law or by the relevant
regulations, public service employees appointed to certain positions of
responsibility and trust shall not take undue advantage of positions
previously held, by accepting remunerated employment that is related to their
previous functions.
Article 25 : Declaration of assets
In order to ensure the
monitoring of any excessive accumulation of wealth, public service employees
appointed to certain positions of responsibility specified by law shall, upon
taking and leaving office, declare their assets as well as those of members of
their family.
In any case, and for all
categories of public service employees, legal provisions and regulations shall
be put into place to identify and punish any illicit enrichment.
Article 26: Political
neutrality and duty of
confidentiality
A public service employee
shall not use his/her post, function or responsibilities for political or
partisan purposes, which may be detrimental to the interests of the public
service.
Public service employees
shall respect the confidentiality of official information to which they are
privy by virtue of their professional activities, even after leaving office,
except where the law, the legitimate authority or the interest of justice
require otherwise.
Public service employees
shall not, on the basis of their political affiliation or their own
ideological beliefs, seek to influence or change the policies, decisions or
actions that the administration has decided to define, adopt or implement.
Part II - Implementation Modalities
Article 27:
Implementation of sensitisation and
training programmes
Member States shall
undertake sensitisation and training programmes for public service employees
in the area of professional ethics and take the appropriate practical steps to
inform the public.
Article 28: Establishment of
national monitoring bodies
Member States shall
implement the legislative and regulatory measures necessary for establishing
monitoring bodies and committees for ensuring compliance within the standards
of conduct defined herewith and punishing inappropriate behaviour.
Title III
Final Provision
Article 29 : Establishment
of a follow-up mechanism
In order to ensure respect
for the principles, values and rules defined above, a mechanism to monitor the
implementation of the present Charter is required.