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2008 Assessment

Solomon Islands: Integrity Indicators Scorecard

Solomon Islands : Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
44	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	75
45	Is the law governing the administration and civil service effective?	61
46	Are there regulations addressing conflicts of interest for civil servants?	42
47	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

44a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Constitution of Solomon Islands, 1978, Chapter XIII, [ LINK ]

44b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: Prevention of nepotism, cronyism and patronage is not detailed in law. The matter is left in the hands of the Public Service Commission: "There shall be a Public Service Commission for Solomon Islands which shall consist of a Chairman and not less than two nor more than four other members appointed by the Governor-General for such period, being not less than three nor more than six years, as may be specified in their respective instruments of appointment. (2) A person shall be disqualified for appointment as a member of the Public Service Commission if he is a member of Parliament or a public officer or an officer of any society or association which the Governor-General, in his own deliberate judgment, is satisfied is of a political nature." [Constitution of Solomon Islands, 1978, Chapter XIII, 115.-(1)].

The executive director of Transparency International Solomon Islands says that the Leadership Code Commission is not an effective anti-corruption agency, and does not provide a strong mechanism for tackling corruption.

References: Constitution of Solomon Islands, 1978, Chapter XIII, [ LINK ]

Jean Tafoa, Executive Director, Transparency Solomon Islands, Interview, May 11, 2009, Honiara

Peer Review Comments: In fact the Leadership Code (Further Provisions) Act 1999 covers most senior public servants and as such can investigate nepotism, cronyism, and patronage.

44c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. The mechanism should be independent of their supervisors but can still be located within the government agency or entity (such as a special commission or board). Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: Redress mechanisms include the Ombudsman, the courts or appeals to the Public Service Commission.

References: Constitution of Solomon Islands, 1978, S. 96-99, [ LINK ]

Public Service Act, Cap 92, Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]

44d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: Constitution of Solomon Islands, 1978, [ LINK ]

Leadership Code (Further Provisions) Act 1999, [ LINK ]

Public Service Act, Cap 92, Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]

Peer Review Comments: If a public officer is found in breach of the Leadership Code, a penalty of forfeiture of office is possible.

Is the law governing the administration and civil service effective?

45a: In practice, civil servants are protected from political interference.

Score:

100

Comments: Civil servants at the top level are often too close to their ministers, and the Public Service Commission is weak. There are particularly marked problems in the Ministry of Finance.

References: Emele Duituturaga, member of the RAMSI Independent Assessment & Performance Advisory Team, Interview, May 8, 2009

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

45b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: The system is not transparent. There is no mechanism for evaluating merit. Evaluation tends to improve at the more senior levels.

References: Emele Duituturaga, member of the RAMSI Independent Assessment & Performance Advisory Team, Interview, May 8, 2009

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

45c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: The General orders for the civil service gives clear guidelines for avoiding nepotism, cronyism or patronage, although these are not often followed in practice. Some parts of the government work by the book. In others there are rampant abuses, particularly as regards the non-established staff.

References: Emele Duituturaga, member of the RAMSI Independent Assessment & Performance Advisory Team, Interview, May 8, 2009

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

Solomon Islands, General orders, no Date, unavailable online.

Warren Cahill, Parliamentary Strengthening Project, Telephone Interview, May 19, 2009

45d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable representation of positions in terms of a persons authority, responsibility and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: Emele Duituturaga, member of the RAMSI Independent Assessment & Performance Advisory Team, Interview, May 8, 2009

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

45e: In practice, civil servant bonuses constitute only a small fraction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: Emele Duituturaga, member of the RAMSI Independent Assessment & Performance Advisory Team, Interview, May 8, 2009

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

45f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: This is information is available to government internally, but there is no publication of a civil list.

References: Emele Duituturaga, member of the RAMSI Independent Assessment & Performance Advisory Team, Interview, May 8, 2009

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

45g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: The Solomon islands General orders outlines the following grievance procedure:

"The following procedure will be followed whenever a worker wishes to present a grievance of a personal nature: First Step: The worker will discuss the grievance with his immediate supervisor who will arrange for the discussion to be held within 24 hours, excluding weekends and public holidays.

Second Step: If the grievance is not satisfactorily resolved at the first step and the worker so requests the supervisor will refer the grievance to the Head of the Division who will arrange to discuss it with the worker within 24 hours, excluding weekends and public holidays.

Third Step: If the grievance is not satisfactory resolved at the second step and if the worker so requests it will be referred by the Divisional Head to the Responsible Officer/Head of Office who will discuss it with the worker within 48 hours, excluding weekends and public holidays. The Responsible Officer/Head of Office may, at his discretion, delegate this function to the officer within the Division of Ministry charged with the responsibility for the personnel function.

Fourth Step: If the grievance is still not satisfactory resolved and if the worker so requests it will be referred to the Permanent Secretary for the Public Service who will consider it within 48 hours, excluding weekends and public holidays, and who will decide what further steps should be taken to settle it.

NOTES: (i) At any stage of procedure the worker may be accompanied by a colleague of his choosing or, if he is a member of a Trade Union, by a representative of the Trade Union concerned. If the grievance involves several workers those concerned may nominate not more than three colleagues or Trade Union representatives, as appropriate, to represent them in the discussions. (ii) Details of grievances which reach the Second Step and beyond must be recorded in writing by the employer's representative."

(Solomon Islands General Orders, Chapter S, S. 20, No Date, copy not available on internet).

References: Emele Duituturaga, member of the RAMSI Independent Assessment & Performance Advisory Team, Interview, May 8, 2009

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

Warren Cahill, Parliamentary Strengthening Project, Telephone Interview, May 19, 2009

45h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: This was not the case during the 1998-2003 crisis years.

References: Emele Duituturaga, member of the RAMSI Independent Assessment & Performance Advisory Team, Interview, May 8, 2009

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

45i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: Although there is no legal provision barring such civil servants, in practice they are unlikely to obtain future employment with the government.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

Are there regulations addressing conflicts of interest for civil servants?

46a: In law, senior members of the civil service are required to file an asset disclosure form.

Score:

YES

Comments: The Leadership Code Commission Act (when read together with the constitutional definition of 'leaders') designates all public servants as 'leaders'. In practice, however, the Leadership Code Commission decides only to investigate civil servants in senior positions.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

Frank Kabui, Chairman, Solomon Islands Law Reform Commission, Interview, May 7, 2009

46b: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments: Constitution of Solomon Islands, 1978, S. 94. (1): "A person to whom this Chapter applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not - (a) to place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised; (b) to demean his office or position; (c) to allow his integrity to be called into question; or (d) to endanger or diminish respect for and confidence in the integrity of the government of Solomon Islands."

The Leadership Code provides means for the Commission to judge whether there has been a conflict of interest: Leadership Code (Further Provisions) Act 1999, S. 16: "In considering whether the conduct of a Leader or his spouse or any of his children has given or may give rise to a conflict of interest, (that is to say a situation where the Leader has to make a choice between his personal interests and his obligations as a Leader) account shall be taken by the Commission of the following matters - (a) the amount of influence the Leader may have on the decision-making process of the Ministry, department, Government agency or authority in which he works or for which he is responsible; (b) the esteem in which the public hold the office to which the Leader has been appointed and the need to ensure that the good reputation of that office is upheld; (c) the possible financial gain or other benefit to the Leader; and (d) the value to the development of Solomon Islands as a whole of the investment the Leader has made or may make, or the position the Leader is holding or may hold or the services he has given or may give to the company, corporation or unincorporated association concerned."

Leadership Code (Further Provisions) Act 1999, S. 14: "where any Leader or the spouse or child of such Leader has a controlling interest in any corporation or local company (such corporation or Local company being in this section referred to as the "relevant company") and that relevant company seeks, accepts or holds a beneficial interest in any contract concluded with the Government of Solomon Islands (such contract in this section being referred to as a "Government contract") such Leader is guilty of misconduct in office'. The Act then details several exceptions."

References: Constitution of Solomon Islands, 1978, [ LINK ]

Leadership Code (Further Provisions) Act 1999, S. 14, S. 16, [ LINK ]

Public Service Act, Cap 92, Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]

46c: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: Constitution of Solomon Islands, 1978, [ LINK ]

Leadership Code (Further Provisions) Act 1999, S. 14, S. 16, [ LINK ]

Public Service Act, Cap 92, Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]

46d: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: The regulations are in the 'General Orders' for the Public Service, and in the Public Service Commission regulations. In theory, the Leadership Code Commission covers all public servants, but in practice the Commission only seeks to regulate those in senior positions.

References: Constitution of Solomon Islands, 1978, [ LINK ]

Leadership Code (Further Provisions) Act 1999, [ LINK ]

Public Service Act, Cap 92, Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]

46e: In law, there are requirements for the independent auditing of the asset disclosure forms of senior members of the civil service.

Score:

YES

Comments:

References: Leadership Code (Further Provisions) Act 1999, [ LINK ]

Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

46f: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: There are no such regulations.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

46g: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: Regulations exist in the General orders, but they are not effective in practice.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

46h: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: Most public servants do comply.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

46i: In practice, civil service asset disclosures are audited.

Score:

100

Comments: There is no auditing of asset disclosures to the Leadership Code Commission.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

Can citizens access the asset disclosure records of senior civil servants?

47a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: Asset disclosure records to the Leadership Code Commission are not on the public record.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

47b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: Asset disclosure records to the Leadership Code Commission are not on the public record.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009

47c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: Asset disclosure records to the Leadership Code Commission are not on the public record.

References: Emmanuel Kouhota, Chairman Leadership Code Commission, Interview, May 6, 2009