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CONFLICT OF INTEREST
In Guyana, as in other nations, ministers and other government officials are duty-bound to put their country’s good above their own self-interest. Public positions are positions of trust, and they include service as board members, heads of departments, members of Parliament, ministers of government, government advisors and consultants etc.
However, a conflict of interest arises when the self-interest of public officials has the potential to undermine their judgment and impartiality in the execution of their professional or public duty. Based on the same criteria, members of the private sector can also be accused of conflict of interest, but they are not public officials and therefore, they are not paid by the taxpayers.
As human beings, no one is perfect, but the frailties and imperfections of human nature are such that most people are driven by greed and self-interest, and only persons of integrity or stellar character can objectively put the interest of their country ahead of the their self-interest.
Conflict of interest exists in a situation where individuals cannot be impartial; for example, if they own shares in a private financial institution which is under their supervision. They must recuse themselves from making any policy regarding that institution because their self-interest disqualifies them from participating in the decision-making process.
Their conflict of interest can be resolved by disposing of their private interest in that institution. This is what the public expects from Ministers of the government and other public officials.
The issue of conflict of interest is further complicated because the need to meet the justice test must not only be seen to be done, but must be done. If members of the current government, for example, are serious about conflict of interest, then those individuals must recuse themselves from any dealings with companies they or their relatives own or have shares in. Resignation from their portfolio is an even more noble option.
However, the problem with conflict of interest is that it poses a serious dilemma, as those most knowledgeable of a particular industry or issue are usually in the best position to serve on the boards of those institutions because of their experience and expertise to monitor them.
This is an issue not only for Guyana but for all countries, and all governments. As this government strives to avoid conflict of interest, it is important that due diligence be done on all public officials who are appointed to serve in positions of trust. However, it is difficult to resolve the possibilities of conflict of interest. Many believe that conflicts of interest exist in the current government as they did in the last administration.
To avoid conflicts of interest, a set of criteria must be developed by an impartial tribunal such as a functioning Integrity Commission, and enforced by the Government. The impartial body should be guided by the rules and procedures established in the Organisation for Economic Co-operation and Development (OECD) Guidelines on Governance and State-owned enterprises.
The public cannot rely on the noble side of human nature, because there is too much evidence of conflict of interest, corrupt practices, and the use of public funds for personal benefit by ministers and other public officials in the past. The revelations from the forensic audit reports and the State Asset Recovery Unit (SARU) are just the latest evidence that supports the belief that the flesh is weak and therefore inherent trust cannot be placed in human beings without rules and stiff penalties to make sure that they are not violated.
After more than a year in office, clear rules and guidelines have not been established by the coalition administration to prevent conflicts of interest or corrupt practices or discipline those who have violated the public trust, as promised during the election campaign. We watch with interest.
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