NGO
code of conduct: the case of Botswana
Background
to the NGO Code of Conduct
The discussions surrounding the need for sound, equal and defined
partnerships between NGOs, government, private sector, donors
and local communities have posed three questions:
- To
what extent are NGOs transparent and accountable both to their
target groups and to their partners?
- Does
the NGO sector have a common and collective responsibility and
social morals for good business practice?
- Do
NGOs have the resources to compliment sound and rigorous professional
business standards?
As
a result of the above questions the ngo leadership in Botswana
arrived at the following conclusions:
- NGOs
need the support and collaboration of other development stakeholders
in order to survive in the future.
- The
other stakeholders view NGOs as necessary entities for sustainable
development.
- As
a result of self reflection by BOCONGO executive, sectoral meetings
and the annual general meeting, the ngo movement saw the need
to improve its transparency and accountability mechanisms in
order to win the confidence of other development partners.
Developing
the Code of Conduct
Aware of the struggles faced by NGOs in the past few years (including
lack of funds, mismanagement of income, unethical governance practices,
problems retaining qualified staff, and even the collapse of some
NGOs) Bocongo and its members recognized the need to develop a
self-regulating mechanism to guide and monitor their behavior.
NGOs in Botswana are considered to be strategic partners in community
and national development. Consequently, beneficiaries of the development
process have increasingly demanded more accountability, transparency,
good governance, and respect for cultural values and human rights
from the NGO community.
During a series of consultations, it become clear NGOs in Botswana
were ready and willing to develop and implement a Code of Conduct.
In an effort to address the growing expectations as well as enhance
the credibility of the NGO sector, a Code of Conduct was developed
in order to govern the behavior of NGOs and set standards for
their actions. After additional briefings of the Bocongo membership
at a number of forums, the secretariat was mandated to fundraise
for and facilitate the development of a code of conduct.
During the first quarter of 2000, a Reference Committee, made
up of NGOs, Donors and Government representatives was formed to
guide the development of the Code. Terms of Reference were developed
and a Consultant was then contracted to facilitate the process.
During the first phase of the project, consultations were held
with NGOs, Government representatives and Donors around the country.
A literature review was conducted looking at instances of similar
initiatives in the region and internationally. These consultations
led to the development of a discussion paper that outlined the
issues deemed most important by those consulted. During the second
phase of the project, through additional consultation by sectors,
the top issues were highlighted and became the basis for the code
of conduct. In the third and final phase of the project, a sector
coordinators forum and national stakeholders forum were held.
Feedback received at these forums constituted the material used
in the final code of conduct. The final draft was then distributed
to the membership for its approval.
Issues highlighted in the code of conduct include the following:
establishing an enabling environment, transparency, governance,
accountability, fundraising and resources mobilization, financial
management, management of human resources, NGO communication,
partnership, representation at national, regional and international
forums, and programme development and management.
The code of conduct was finally launched on the 22 March 2001
by the Hon. Minister of Lands, Housing and Environment Mr. Jacob
Nkate. The event will remain a memorable day in the annals of
NGO history in Botswana. The code of conduct will become part
of the NGO policy, which is in its final stages of approval within
government.
Implementing the code
BOCONGO envisages the following governance structures:
- The
appointment of three eminent persons from outside the NGO sector
as the board of trustees.
- The
election of seven persons from the NGO sector to work as an
NGO code of conduct task force.
- The
development of guidelines on the code regarding
sanctions, reviews and
amendments.
- The
creation of a monitoring and evaluation mechanism for the code
of conduct.
With
the launch concluded NGOs members have now started to mainstream
the code of conduct into all aspects of their work.
For
more information please contact - Email: bocongo@bocongo.bw
18 proposals for making corporations accountable 
Voluntary
Approaches
Voluntary codes should generally be approached as a transitional
instrument towards legal and binding rules and regulations. To
be reasonably effective, voluntary codes must meet a number of
important criteria:
- Content that is clear and language that is enforceable (this
is, unambiguous and free of loopholes).
- Broad applicability, such as industry-wide coverage, as opposed
to one or only a few companies.
- Text drawn up by a process that includes relevant stakeholders
including NGOs and trade unions, and not only industry groups.
- A code enforcement process that includes clear incentives
to comply.
- Reporting and measurement of code progress in corporate annual
reports, web sites and other corporate documents, demonstrating
that code compliance is an integral part of corporate strategies
and goals.
- Transparency of monitoring and implementation, so that the
process is fully visible to the public and sufficiently independent
to be recognized as legitimate by all stakeholders.
- Accountability that includes sanction and penalties for cases
where companies consistently abuse and disregard voluntary
mechanisms.
- Availability of legal protection for employee whistleblowers
and NGO watchdogs, protecting them from unfair retribution and
giving them a legitimate place in the code implementation process.
Regulatory
and Legal Approaches
Rule-based
approaches are far more effective than voluntary codes in assuring
corporate accountability but they must be based on robust global
institutions that can bring significant pressure to bear on offenders
and impose sanctions where necessary. The rule of law in this
area would be strengthened by the following actions:
- Strengthening cross-border standing in corporate liability
law and building international legal cooperation to strengthen
criminal and liability action against corporations through cooperation
of judicial institutions in gathering evidence, questioning
of suspects and witnesses, and related access to critical information
in cross-border cases.
- Strengthening conventions, treaties and other agreements relating
to corporate accountability developing new agreements, broadening
ratification of existing agreements and promoting more vigorous
monitoring and enforcement, including penalties.
- Expanding the work of the UN bodies in this area, notably
the human rights bodies, through adequate funding and staffing
and through the commitment of governments to more thorough monitoring
and enforcement processes.
- Creating an intergovernmental agency to work on corporate
accountability and monitoring in the tradition of the UN Center
on Transnational
Corporations.
- Developing global taxes, fees and fines (initially, perhaps
on an internationally harmonized basis) that could serve to
address policy issues associated with problems such as currency
speculation and global warming.
- Adopting transparency rules requiring corporations to report
information about their investment activity and their environmental
social and employment impact in each country where they do business
based on the well-developed concept of ‘disclosure.’
- Drafting new rules to control the negative impact of corporate
policy on peace and security crises through action by the UN
Security Council, in line with its accomplishments in the area
of conflict diamonds.
- Setting up effective rules to improve the global market, including
competition policy, rules to prevent securities fraud and manipulation
and to promote banking transparency regulations, and rules to
stabilize currency and securities markets in times of crisis,
as well as rules to control highly-leveraged funds and shut
down offshore banking centers.
- Developing global consumer protection rules, based on strengthened
UN guidelines, to ensure fundamental product safety and reliability,
as well as promoting rules for restrained, truthful and un-manipulative
advertising.
- Adopting vigorous international anti-corruption rules that
would enable swift recovery of funds and apply equally to cases
in the North and the South.
The
UN Financing for Development Summit offers a unique opportunity
to consider and implement these strategies so as to make private
sector investments responsible to the needs and aspirations of
the world’s people and to promote a development that leads
to the full realization of all citizens’ human capacities
and aspirations.
- These proposals were originally published as
part of the Background Paper “Making Corporations Accountable”
by James A. Paul and Jason Garred for the United Nations Financing
for Development Process. Complete text is available
on line.
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