Question
A gift is something of value given without the expectation of return; a bribe is the same thing given in the hope of influence or
A gift is something of value given without the expectation of return; a bribe is the same thing given in the hope of influence or benefit.
Because it is often impossible to determine the expectation of the giver, it is as well difficult to determine what is a gift and what is a bribe Such gifts are usually given for commercial purposes, for example, to create a feeling of obligation in the receiver. Some examples of these sorts of gifts are:
Money Alcohol Clothes Products Tickets
As a public official, at some stage in your career you may be offered a gift in the course of your work. The gift could be offered innocently in good faith or it could be an attempt to influence you. Establishing why you were offered such a gift can be difficult.
The giver may have a number of motives: friendship, hospitality and gratitude, to bribery or extortion.
In a business context, gifts are rarely offered to an individual for purely charitable or hospitable reasons. It may be the case if the gift or benefit is of little or no commercial value, such as a corporate souvenir or marketing charm.
However, in cases where the gift or benefit has more than a nominal value, it is possible that it was offered to create a sense of obligation and even an expectation that something will be given in return.
"Theres no such thing as a free lunch", as the saying goes.
Feelings of obligation can arise with the acceptance of a free meal, tickets to a sporting event or discounts on commercial purchases.
Once such a gift is accepted, a public official can be compromised. If the giver later requests favourable treatment, it can be difficult to refuse. The giver may even threaten to allege you solicited the gift in the first place.
Individuals attempting to corrupt public officials often start with small inducements that appear to have no improper motive behind them.
The following case study provides an insight into how this can happen.
One way you can become involved in corruption is by rationalising your acceptance of a gift or benefit. The giver initially gave gifts that the recipient could easily rationalise and accept.
Rationalisations commonly used include:
Everybody else does it;
The motivation of the giver is purely one of generosity, kindness or friendship;
The exchange of gifts and benefits harms no one; Gifts and benefits foster the development of beneficial business relationships, which encourage administrative efficiency by allowing red tape to be cut;
Gifts and benefits are merely part of cultural rituals or practices and to refuse may cause offence
Public officials are not paid enough, so they deserve a little extra reward. As a public official, you have a duty to ensure that government business is carried out with impartiality And Integrity (See Article 284 Of The 1992 Constitution Of Ghana On Conflict Of Interest)
If you accept gifts and benefits offered to you in the course of your work, you may feel obligated towards the person offering the gift or benefit.
Feelings of obligation will undermine your impartiality.
Once you compromise your impartiality, you will gain a reputation for inefficiency and dishonesty. This reputation will reflect badly on your agency and help undermine confidence in the public service in general.
Alternatively, you can risk creating a perception that your impartiality is compromised by accepting gifts and benefits offered to you in the course of your work.
The consequences of this perception are as detrimental as actual compromise, and just as destabilising to you and your agency. By inappropriately accepting a gift or benefit, you can also risk:
Anxiety, Shame and embarrassment both for you personally and your family; Criminal prosecution; Becoming the subject of investigation by CHRAJ, OSP, & EOCO.
WHAT SHOULD BE DONE WHEN OFFERED A BRIBE, GIFT OR BENEFIT 1. Consult your agencys code of conduct, 2. Reject the offer of gift of more than nominal value, 3. Make notes immediately after the conversation has occurred. 4. You must inform your supervisor of the offer, and all relevant details, as soon as possible. 5. If the gift or benefit was of more than nominal value, provide your supervisor with a note outlining the incident.
6. If you think you have been offered a bribe, your supervisor (or appropriate senior officer) must inform senior management immediately.
7. If you have been offered a bribe, the CHRAJ, EOCO, OSP or the Police must be informed immediately.
8. Discuss with your supervisor (or appropriate senior officer) exactly how future relations with the person who offered the gift or benefit should be conducted.
9. If you have accepted a gift or benefit of more than nominal value that is permitted under your agencys code of conduct or relevant policy, and your agency has a gifts and benefits register, the item should be recorded against your name.
The name of the person who offered the gift or benefit should also be included, along with the name of their agency or organisation.
The register should also be signed and dated by your supervisor (or appropriate senior officer), and show the decision that was taken in relation to the gift or benefit (ie whether it became the property of the agency or was retained by you).
DEVELOPTING A GIFTS & BENEFITS POLICY 1. As a general rule, public officials should not solicit or accept gifts and benefits of more than nominal value. Offers of money in any form should never be accepted.
2. Public officials who are offered a gift or benefit, or who are given a gift or benefit
a. against their will, should be required to report the incident in writing to their supervisors.
b. All offers of gifts and benefits of more than nominal value, including even those rejected, should be reported orally and in writing to a supervisor immediately, and then follow up
3. . If a public officials refusal is ignored, or for other reasons a gift of more than nominal value cannot reasonably be returned, the gift must be regarded as the property of the agency concerned.
4. Offers of nominal value can be accepted. Gifts and benefits of nominal value usually do not create a sense of obligation in the receiver that will influence, or appear to influence, the exercise of his or her official duties.
5. In some instances, a gift or benefit may be accepted if it is received in the course of a public officials duties and relates to the work of a public officials agency, or has a public benefit. All such items must become the property of the agency.
6. In some cases, it may be appropriate to accept modest hospitality simultaneously available to colleagues or associates who share a common purpose or task.
7. It may be appropriate for public officials to accept special offers unconnected to their official duties.
8. Agencies should maintain a gifts and benefits register.
We conclude this session with the following remarks:
It is import to understand the thin line between gift and bribe, to avoid potential and perceive conflict of interest as a public officer.
SUMMARIZE AND REVIEW THE PASSAGE
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