Implicit in a code is the belief or hope that the outcome of adhering to the code is ethical behavior. The hallmark of a well-developed code of ethics is the inclusion of the public in process, the generation of public confidence as a result of the code, and the successful attention to concerns in any number of different forms, including quality, price, choice, privacy, environment, labor standards, human rights, health and safety, advertising, and issues of morality. Code Development Process As with strategic processes in general, there is a feedback loop that allows the system to learn. That is, after a process of review, the code of ethics should be adapted to meet any of the changing needs or circumstances of the activities in question. One of the key advantage of this process is the inclusion, at several stages, of the stakeholders who will be involved or affected by the code of ethics. It also highlights the importance of compliance in the implementation stage, and the review process. Code Development in General There are a number of key roles that governments should be willing to adopt in balancing the many different stakeholder groups and interests of the good of an industry or sector. Included are contributions along the lines of catalyst, facilitators, endorser, and/or provider of regulatory support. With reference to the facilitator role, governments could be instrumental in providing physical space, special documents or even monetary resources for the purpose of generating enthusiasm within a group for the active pursuit of a code of ethics. Code Development in General If government has been able to contribute in a facilitating or enabling fashion, there is still the task of sitting down and generating the actual code document. A series of questions will need to be generated in respect of current knowledge, background and history, current and future needs, and so on, in assembling the right people and knowledge base to proceed with the code. The Language of Codes The form of the code of ethics refers to its linguistic and grammatical style. Codes should be written so that the reader will identify with the intent and goal of the statement. Impersonal messages distance the reader from the writer. Codes should be written (oddly enough) without the use of the word, should. should This implies an authoritarian nature that may turn away the competent reader who could interpret the use of should or will as overly paternalistic. The Language of Codes The choice of words is critical. Wal-Mart employees are called associates rather than workers; workers psychologists care for clients as opposed to patients; patients universities have professors and high schools have teachers. teachers Each of these semantic distinctions is important and each demonstrates a degree of respect that the particular institution has for its stakeholder. The Language of Codes For those organizations that wish to make the code an active document, a variety of methods and mediums can be employed. First, the document needs to be written in a clear, concise and relevant fashion. If the message is sent, yet unclear, it will fail to make an impact on behavior. Once this most basic and important task is accomplished, then it needs to be distributed. The Language of Codes Possible locations include the following: Policy and procedure manual Websites Employee handbook Newsletters Financial statements Employee orientation manual Telephone/email directories Brochures Training/educational manuals, video, CDs Identification cards Business cards The Language of Codes The essential point to be made here is that the code needs to be part of all organizational activity. It needs to be part of the organizational culture (the way we do things around here)here rather than a tool that is dug up each time a potentially unethical issue rears its ugly head. Having a code does not make an organization ethical, but living by and through the code does make it an ethical organization. The Language of Codes The ability to affect decision-making is directly related to the value that members place on the code. If the code is weakly valued, chances are that it will not be internalized nor put into action. On the other hand, if the values the organization espouses are also core values of the individual, then it will become the conceptual basis of individual behavior. For the development of successful codes, a code should: 1. Reflect the actual organizational philosophy 2. Be written clearly and concisely in order for it too be accessible by all members 3. Be written in order for the reader to feel that he or she is part of the process rather than the recipient of a directive 4. Be a document that will lead to a behavioral change or to the reinforcement of previously held values For the development of successful codes, a code should: 5. Clearly relate to actual decision-making behavior (i.e. it should be part of the decision- making process in the organization) 6. Clarify the ethically ambiguous 7. Be widely and constantly communicated 8. Reflect the behavior and values of the leadership 9. Be enforceable 10. Inspire, educate, and regulate Code Development in Practice Organizations and professions on the whole have been granted power and privilege by society, which comes packaged with the expectation of a contribution to the broader social well-being through a shared appreciation of overlapping values. Just as the profession is bound by a set of values (e.g. integrity and safety) these must emerge as a function of common purpose. If the profession acts outside this connect, there is a chance that the scope of moral evaluation (the societal norms that govern behavior) will become both narrowed and flattened, leading to the disintegration of trust between the community and the firm/professional. Code Development in Practice This suggests that the profession and society in general must be intricately intertwined in a relationship that is bound by reciprocity and symbiosis. There are different perspectives on how values play heavily in the development of codes of ethics at a broader level. One is said to be a value-driven approach, while the other is felt to reflect more of a market-driven perspective. The ends that each achieve for society may be different, emphasizing the importance of establishing good processes that are built on inclusive core values. Compliance Compliance is a broad term that encompasses implementation, monitoring, reporting, auditing, verification and enforceability, all of which serve to increase the likelihood of stakeholders following a code. One of the most important issues facing codes of ethics is the lack of monitoring and evaluation in gauging code effectiveness. Implementation The implementation process is best begun by appointing a working group or task force to plan and carry out implementation of the code. Seven strategies were broadly considered for the purpose of code implementation, including: 1. Dissemination and publicity campaigns. 2. Publications. 3. Seminars and conferences. 4. Pilot projects. 5. Awards. 6. Education and training. 7. Technical assistance. Implementation 1. Dissemination and publicity campaigns. Letting people know the existence of the code of ethics is stated to be the first and most important step in implementation. This may be accomplished through press, radio, television, display, videos, brochures, books, and lectures. 2. Publications. The production of newsletter and occasional reports is an excellent way of getting the point across to any number of target groups. Implementation 3. Pilot projects. Seen as one of the first steps in the implementation process, these are designed to demonstrate and test the value of different development strategies. 4. Awards Notoriety through award schemes is stated to be an effective means by which to implement codes of ethics or other standards. Implementation 6. Education and training. Performance can be enhance through any number of different education and training programs. 7. Technical assistance. This comes in the form of expert missions at the request of international organizations or in the form of research networks or task forces designed to make recommendations on how programs, planning, and services can be improved. Technical assistance may also come in the form of databases or academic resource centers to help disseminate information on improving performance through codes of ethics. Implementation The development and implementation of principles and codes of ethics must be inclusive of a broad spectrum of interests if they are to be successful. Achievement is therefore strongly tied to ownership. The most effective codes are of little use if not accompanied by a plan to support not only the procedural aspects of implementation, but also those who must make it happen (e.g. through education and other forms of assistance). Implementation Evaluation was also seen as an integral part, which must be considered early on in the planning process. Failing to do so undermines the ability to adequately monitor the project through measurable outcomes. Monitoring The development of a monitoring framework, which is the collection of information on the effectiveness of codes of ethics, and the assessment of whether the information is accurate, complete, relevant, and reliable. The chief benefits of monitoring are: 1. The improvement of policy and performance 2. The promotion of openness 3. The assessment of progress Monitoring Other benefits are said to lie in: The opportunity to inform customers of the policies and efforts Improvement of the corporate image The ability to assess customer awareness and attitudes to codes of ethics The measurement of response and acceptance of the code of ethics The measurement of how extensive the code has been implemented The identification of gaps or weaknesses in implementation Reasons why stakeholders compliance subscribe to a code of ethics Moral obligation. This factors touches on the desire to do the right thing depending on circumstances. When we are made aware of the consequences of our actions we may exercise this desire. Need to belong. Being part of a group often comes packaged with the desire to comply with certain normative standards that quickly emerge through interaction or education. Complying with these standards allows for a sense of belonging and security. Reasons why stakeholders compliance subscribe to a code of ethics The threat of punishment. Compliance will emerge if the threat of an external body is too heavy. For example, service providers will comply with standards if they feel they will lose market share or be penalized by the external body. The threat of shame and embarrassment. While shame is a self-imposed punishment, embarrassment is a socially-derived sanction. Both may strengthen the willingness to comply with normative standards. Reasons why stakeholders compliance subscribe to a code of ethics The extent of social bonding. Service providers who have a strong social bond to the group (other service providers) will be less likely to deviate away from the accepted norms for fear of being excluded from the group. Reasons why stakeholders non-compliance subscribe to a code of ethics Limited awareness of accepted norms. If the individual or group is unaware of the proper procedures they will be unable to follow them. Actions may be completely innocent because of a lack of knowledge. Inappropriate environmental behavior. The inappropriate behavior of one individual or group may be assumed to be acceptable to others (e.g. going off the trial to take photographs). Reasons why stakeholders non-compliance subscribe to a code of ethics Limited awareness of negative consequences. Some service providers may be unaware of the significance of the violation under scrutiny. Without this knowledge, the code violation is seen as frivolous. Perceived irrelevant and unrealistic guidelines. Non-compliance is rationalized by the fact that the code is not founded on an understanding of the needs of service providers or participants. The feeling is that it may be based on erroneous assumptions of information. Reasons why stakeholders non-compliance subscribe to a code of ethics Deliberate violations based on financial gain, ideological protest, revenge, malice or fun. This may include, for example, local people not following a code of ethics because they have not been asked to do so. Type of party that was responsible for monitoring of the code of conduct None no monitoring at all First party the firms themselves Second party business support groups such as trade and industry associations Third party external professionals paid by the firm which is observed Fourth party combinations of different actors (e.g. business support groups and social interest groups) Fifth party social interest groups only, without involvement of the firm Sixth party legal authorities Reporting and Auditing Reporting can be viewed in two very different contexts. The first of these is referred to as wrongdoing and includes the reporting or whistle-blowing that often follows from unethical acts in the organization. Wrongdoing is defined as behavior which is morally wrong as well as behavior which is illegal, unethical, wasteful, inefficient, neglectful, an abuse of power, or violates organizational rules or professional standards. Reporting and Auditing The importance of engendering an environment or culture where people can feel free to identify and report wrongdoing are: 1. Good people should feel free to step forward and communicate concerns 2. Policy and practice should not be geared towards shooting the messenger, but rather towards fixing the problem 3. Bad news is sought so that small problems dont fester into big ones. Reporting and Auditing The second context of reporting that has relevance to codes, and which occurs at a broader level, is the new trend amongst multinational enterprises surrounding the description of environmental and social impacts of operation through a sustainability report. Auditing is a process that allows for the assessment of performance against goals or other stated criteria. Key issues surrounding the audit include the independence of the entity undertaking the audit, as well as whether the audit is done internally or externally. Enforcement Enforcement is the last stage in the effort to implement policy, which entails controlling the actions of many different stakeholder groups or targets, including tourists and service providers. Enforcement is the weakest link in the policy chain because of problems related to funding, politics and the failure of organizations to be effectively coordinated. Enforcement, and the sanctions that may be imposed, refers to the consequences of non- compliance to the code of ethics. Enforcement The sanction is designed to motivate the unit to avoid breaking its their commitment and to increase the likelihood that they will comply with the standards. The key to a successful code of ethics for an industry is how it is able to police itself. In any type of business there are at least seven key principles required for success: Act in good faith Willingly comply with the law Exercise due care Respect the liberty and rights of others
Honor confidentiality Respect human well-being
Avoid conflicts of interest
Enforcement Dismissal is the most common punishments for acts contrary to the code of ethics. Other enforcement actions include: Suspension Probation Demotion Negative comments on evaluations