The reputation and success of governance depends upon the conduct of public functionaries and what the public believe about their conduct. It is therefore of fundamental importance that public functionaries act justly and fairly to all, not only paying lip service to ethical conduct but also ensuring that these are manifestly and undoubtedly seen to be done. It is imperative that all public functionaries upon accepting government EMPLOYMENT recognize that they have a special duty to be open, fair and impartial in their dealings with Society. Personal self-interest should be subordinate to the public good in all circumstances, especially if circumstances arise where the possibility of a conflict of interest may become an ethical dilemma.
Viewing ethics in this Light indicates that people are faced with choices requiring them to make decisions enabling them to lead an ethical life within the context of their relationships with others. This suggests that people can be placed in ethical dilemmas. An ethical dilemma arises from a situation that necessitates a choice between competing sets of principles. Thus an ethical dilemma can be described as a circumstance that requires a choice between competing sets of principles in a given, usually undesirable or perplexing, situation. Conflicts of interest are possibly the most obvious example that could place public sector leaders in an ethical dilemma. Other types of ethical dilemmas in which public servants may find themselves include conflict between: the values of Public Administration; justifications for the institutions; aspects of the Code Of Conduct; personal values and supervisor or governmental directive; professional ethics and supervisor or governmental directive; personal values and professional ethics versus governmental directive; blurred or competing accountabilities; and the dimensions of ethical conduct.
Ethical Dilemmas Faced by Public Servants
Some of the most common ethical dilemmas with which public servants are confronted, revolve around aspects such as:
Public officials are not merely executors of public policy. They make decisions pertaining to the lives of people, for example, about taxes, survival and the dismissal of people. In doing so they exercise discretion. The question is then how decisions are to be made to avoid ethical dilemmas.
It is true that within the rules and regulations laid down by legislation and within the prescribed procedures, there is ample opportunity for the public official to use his discretion. When faced with alternatives the choice of the public official poses an ethical problem: the choice may be acceptable to only a small section of society. The problem is that the selection of one path of action from among several alternatives is often made on the basis of personal preference, political or other affiliations, or even personal aggrandizement, thereby disregarding known facts and thus the possibility of rational DECISION MAKING. It could well be that all the prescribed rules, regulations and procedures are adhered to but that the discretionary choice may be viewed as unethical or even corrupt.
Corruption The majority of officials uphold the high standards required by public office and are devoted to promoting the general welfare. The ethical standards of public officials are, however, directly related to society as a whole. If the public accepts that in order to secure an expeditious response from a public official some pecuniary or other incentive is necessary, and the official accepts the incentive, then the standards of ethical conduct of officials and the public are in fact in harmony from the point of view of the public.
Administrative Secrecy
An area which lends itself to the creation of situations and actions which could prove to become major ethical dilemmas is the secret conduct of public business. This is especially so because secrecy can provide an opportunity to cover up unethical conduct. Secrecy is an ally of corruption and corruption is always practiced in secrecy. It is generally accepted that in a Democracy the people have a right to know what the government intends to do and it would be in the interest of the public for the administration of public affairs to be conducted openly.
Nepotism
The practice of nepotism (the appointment of relations and/ or friends to public positions, thereby ignoring the merit principle), may lead to the downgrading of the quality of the Public Service. This disrupts the esprit de corps and trust and resulting in corrupt administration, owing to the ability of a select few to impair control measures on account of their personal relationship with the policy-maker, and by reason of their not being easily dismissed or replaced by others. In other words, those who are appointed with the view that they will conform to the standards and views of their appointing authority could prove to be problematic. The preferential treatment of one individual over another, without taking into account the relative merit of the respective individuals, represents nothing but victimization of an individual or individuals.
Information leaks
Official information is often of such a sensitive nature (for example, pending tax increases, rezoning land, retrenchment of staff) that disclosure of the information can lead to chaos, corrupt practices or, for some individuals, improper monetary gains. Leaking official information at a date prior to the public announcement thereof is a violation of procedural prescriptions and can be an ethical dilemma.
Public Accountability
Since public officials are the implementers of public policies, they ought to be accountable for their official actions to their superiors, the courts and the public. It is nevertheless, possible for them to hide behind prescribed procedures, the cloak of professionalism and even political office-bearers.
Policy dilemmas
Policy makers are often confronted by conflicting responsibilities. They have specific loyalties to their superiors, but also to society. They have freedom to act on behalf and in the interest of others, but they must also answer to others – their superiors and society – for their actions. The official’s obligation to respect the political process may conflict with his view on how the objects of policy making are treated. In other words, the dilemma of the public official is the clash between his view of the public interest and the requirements of law.
Dilemma of the public servant
The potential areas for conflict are not necessary ethical dilemmas in themselves. It is what the public servant does when he is confronted by activities pertaining to these phenomena that could prove to be the ethical dilemma:
Would he keep silent when he finds that administrative discretion is abused, or that corruption or nepotism are practiced?
Or should he blow the whistle? 3. Should he actively engage in pressure group activities because he sympathizes with their views?
Should he actively participate in party politics?
Or should he endeavor only to promote the public good and uphold the high standards of public office?
Ethical Dilemma Case
Sanjay is a senior public servant who has worked in two State public service departments over a twenty-year period. Prior to this he was employed as a chartered accountant. In the course of performing his duties, involving primarily monetary and BUDGETING issues, sanjay becomes aware that public revenue is being used inappropriately. While he is not directly responsible for this aspect of the budget, he raised his concerns about the channeling of funds from one part of the budget to another to the Head of Division. Sanjay learns that not only is Deepak aware of this practice, but also that he condones it. Not long after, sanjay is summoned to talk to Deepak and to the Director-General about the issue. In preparation for this meeting Deepak prepares a short paper that identifies his understanding of the key issues and presents this to Deepak and the DirectorGeneral. Due to the politically sensitive nature of the issue, sanjay is told that the matter is not within his jurisdiction and therefore he should ‘keep his nose out of it’. This advice is based on the fact that the incumbent government will not tolerate questions about how it puts its budget together but that it also faces electoral defeat if the matter were to be made ‘public’. sanjay and his two supervisors are acutely aware of the tensions between the department, the minister and the government. This unease manifests itself around the advice the department provides the minister with, and the advice that the minister and the government want to hear in particular: After much soul searching, sanjay decides to obey his supervisors by leaving the matter alone.
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Ethical dilemmas are common in government and private institutions. They can arise from a variety of sources, including conflicts of interest, whistleblowing, insider trading, bribery and corruption, discrimination, harassment, privacy and confidentiality, data protection, and freedom of information.
Conflicts of interest occur when a person’s personal interests conflict with their professional duties. For example, a government official who is responsible for awarding contracts may have a conflict of interest if they have a financial interest in one of the companies bidding on the contract.
Whistleblowing is the act of disclosing information about wrongdoing within an organization to the public or to those in positions of authority. Whistleblowers may be motivated by a sense of moral duty or by a desire to expose corruption or other wrongdoing.
Insider trading is the buying or selling of a security based on non-public information about the security. Insider trading can be illegal or legal depending on the circumstances.
Bribery and corruption are the abuse of power for personal gain. Bribery is the act of offering, giving, receiving, or soliciting anything of value to influence the actions of an official or other person in charge of a public or legal duty. Corruption is the broader term that includes bribery, as well as other forms of unethical behavior, such as nepotism and cronyism.
Discrimination is the unfair treatment of a person or group of people based on their race, religion, gender, sexual orientation, or other personal characteristics. Discrimination can take many forms, including verbal abuse, physical abuse, and institutional discrimination.
Harassment is unwanted or unwelcome behavior that is based on a person’s race, religion, gender, sexual orientation, or other personal characteristics. Harassment can take many forms, including verbal abuse, physical abuse, and sexual harassment.
Privacy is the right to be left alone and to have one’s personal information protected. Confidentiality is the obligation to keep information secret. Privacy and confidentiality are important ethical principles that should be respected in all areas of life, but they are especially important in government and private institutions, where people often have access to sensitive personal information.
Data protection is the practice of protecting personal information from unauthorized access, use, disclosure, disruption, modification, or destruction. Data protection is important because it helps to ensure that people’s personal information is kept safe and secure.
Freedom of information is the right to access information held by public bodies. Freedom of information is important because it helps to ensure that the public has access to information about the government and its activities.
Ethical dilemmas can be difficult to resolve. There is often no easy answer, and the best course of action may depend on the specific circumstances. However, it is important to be aware of the potential ethical dilemmas that can arise in government and private institutions, and to take steps to address them.
One way to address ethical dilemmas is to develop and implement ethical codes of conduct. Ethical codes of conduct can provide guidance on how to handle ethical dilemmas, and they can help to create a culture of ethical behavior within an organization.
Another way to address ethical dilemmas is to provide training on ethics. Ethics training can help employees to understand the ethical issues that they may face, and it can help them to develop the skills necessary to resolve ethical dilemmas.
Finally, it is important to create a culture of openness and transparency within an organization. This will help to encourage employees to report ethical concerns, and it will make it easier to address ethical problems when they arise.
Ethical Dilemmas in Government and Private Institutes
Ethical dilemmas are situations in which there is no clear right or wrong answer, and the decision maker must weigh the potential consequences of each option. These dilemmas can arise in any setting, but they are particularly common in government and private institutes, where there are often competing interests and values at stake.
Some common ethical dilemmas in government and private institutes include:
Conflicts of interest: When a decision maker has a personal stake in the outcome of a decision, it can be difficult to make an objective decision.
Whistleblowing: When an employee sees wrongdoing within an organization, they may feel the need to speak out, even if it means risking their job.
Privacy and confidentiality: Organizations must balance the need to protect confidential information with the need to share information with the public.
Discrimination: Organizations must ensure that they do not discriminate against employees or customers on the basis of race, gender, religion, or other protected characteristics.
Harassment: Organizations must create a workplace free from harassment and discrimination.
Insider trading: Employees who have access to non-public information about a company may be tempted to trade on that information, which can give them an unfair advantage.
Bribery and corruption: Organizations must avoid engaging in bribery or corruption, which can undermine public trust and lead to criminal charges.
These are just a few examples of the many ethical dilemmas that can arise in government and private institutes. When faced with an ethical dilemma, it is important to carefully consider the potential consequences of each option and make the decision that you believe is best in the long run.
Frequently Asked Questions
What is an ethical dilemma?
An ethical dilemma is a situation in which there is no clear right or wrong answer, and the decision maker must weigh the potential consequences of each option.
What are some common ethical dilemmas in government and private institutes?
Some common ethical dilemmas in government and private institutes include conflicts of interest, whistleblowing, privacy and confidentiality, discrimination, harassment, insider trading, and bribery and corruption.
How can I deal with an ethical dilemma?
When faced with an ethical dilemma, it is important to carefully consider the potential consequences of each option and make the decision that you believe is best in the long run. You may also want to consult with a trusted advisor, such as a lawyer or ethics expert.
What are the consequences of making the wrong decision in an ethical dilemma?
The consequences of making the wrong decision in an ethical dilemma can be serious, both for the individual and for the organization. In some cases, the wrong decision could lead to legal action, financial losses, or damage to the organization’s reputation.
How can I avoid ethical dilemmas?
It is impossible to avoid all ethical dilemmas, but there are steps you can take to reduce the likelihood of facing one. These include:
Creating a strong ethical culture within your organization.
Providing employees with clear ethical guidelines.
Training employees on how to identify and deal with ethical dilemmas.
Having a system in place for reporting ethical concerns.
What Resources are available to help me deal with ethical dilemmas?
There are a number of resources available to help you deal with ethical dilemmas. These include:
Ethics hotlines
Ethics consultants
Ethics codes and guidelines
Ethics training programs
Which of the following is not an ethical dilemma?
(A) A government official accepts a bribe from a private company.
(B) A private company pollutes the Environment without taking any measures to reduce pollution.
(C) A doctor performs an unnecessary surgery on a patient in order to make Money.
(D) A teacher gives preferential treatment to a student who is related to her.
Which of the following is the most common type of ethical dilemma?
(A) Conflicts of interest
(B) Bribery
(C) Discrimination
(D) Whistleblowing
Which of the following is the best way to deal with an ethical dilemma?
(A) Ignore it and hope it goes away.
(B) Talk to someone you trust about it.
(C) Make a decision based on your own values and beliefs.
(D) Follow the rules and regulations of your organization.
Which of the following is not an example of a conflict of interest?
(A) A government official who is responsible for regulating the pharmaceutical Industry owns stock in a pharmaceutical company.
(B) A doctor who is treating a patient is also the patient’s neighbor.
(C) A teacher who is grading a student’s paper is also the student’s friend.
(D) A lawyer who is representing a client in a lawsuit is also the client’s friend.
Which of the following is the best way to avoid conflicts of interest?
(A) Disclose any potential conflicts of interest to your supervisor or manager.
(B) Avoid situations where you could have a conflict of interest.
(C) Refuse to participate in any decisions that could benefit you personally.
(D) All of the above.
Which of the following is not an example of bribery?
(A) A government official accepts a gift from a private company in exchange for favorable treatment.
(B) A private company pays a government official to award them a contract.
(C) A doctor accepts a payment from a pharmaceutical company to prescribe their drugs.
(D) A teacher accepts a gift from a student’s parent in exchange for giving the student a good grade.
Which of the following is the best way to prevent bribery?
(A) Establish clear rules and regulations about gifts and payments.
(B) Train employees about the risks of bribery.
(C) Monitor employees’ activities for signs of bribery.
(D) All of the above.
Which of the following is not an example of discrimination?
(A) A government official refuses to issue a business license to a company because the company is owned by a minority group.
(B) A private company refuses to hire a job applicant because the applicant is a woman.
(C) A doctor refuses to treat a patient because the patient is a member of a minority group.
(D) A teacher gives a student a lower grade because the student is a member of a minority group.
Which of the following is the best way to prevent discrimination?
(A) Establish clear rules and regulations about discrimination.
(B) Train employees about the risks of discrimination.
(C) Monitor employees’ activities for signs of discrimination.
(D) All of the above.
Which of the following is not an example of whistleblowing?
(A) An employee reports to the authorities that his company is polluting the environment.
(B) A student reports to the authorities that her teacher is cheating on her exams.
(C) A doctor reports to the authorities that his hospital is overcharging patients.
(D) A teacher reports to the authorities that her principal is sexually harassing her.
Which of the following is the best way to protect whistleblowers?
(A) Establish laws that protect whistleblowers from retaliation.
(B) Create a culture of openness and transparency in organizations.
(C) Provide training to employees about whistleblowing.
(D) All of the above.