Countries and organizations have constructed Codes of Conduct in order to regulate the conduct of Ministers and Civil Servants in relation to elections. There are instances where such officials/representatives have been indicted for fraud during an electoral campaign, and where it is being contested because the law is unclear and a Code of Conduct is non-existent.

Introduction
The following reply looks at policy for Civil Servants and Ministers, and rules on how they should conduct themselves, particularly when it comes to elections. Two sources of best practice and six cases from countries around the world provide the policy examples. The information has been sourced from available codes of conduct and legal documents, mainly in the form of constitutions. International best practice comes by way of an International IDEA publication and the International Code of Conduct for Public Officials. The latter was adopted as a resolution by the United Nations General Assembly.

The text starts off with best practice. It then proceeds to look at a regional spread of cases, including Australia, Barbados, Canada, Ghana, Ireland, and Namibia. Each case cited includes, where possible, comments on an established code of conduct and legal documents.

Following this, some general links highlight sources for further exploration, including references to existing campaign codes of conduct in southern Africa and country profiles from the United Nations Public Administration Network.

In the end, the references section links the example documents and quotes in the text with their respective sources, in order to facilitate further reading. This text presents a selection of existing policy and their documents, and there may be exceptions to the rules cited.

Two Sources of Best Practice
International IDEA has published a document on a code of conduct for political parties called Campaigning in Democratic Elections [1]. Regarding the abuse of ones position, the code states that a party that has subscribed to the code will not “(a) abuse a position of power, privilege or influence for a political purpose, by offering a reward, threatening a penalty, or by any other means; or (b) use official State, Provincial, Municipal or other public resources for campaign purposes”. This explicitly includes a governmental “position of power”.

In a resolution adopted by the United Nations General Assembly regarding the International Code of Conduct for Public Officials [2], it is stated in the 11th principle that: “the political or other activity of public officials outside the scope of their office shall, in accordance with laws and administrative policies, not be such as to impair public confidence in the impartial performance of their functions and duties”.

Australia
Public servants in Australia can participate in politics, but with some cautions as to conflict of interest. A holder of government office is also disqualified from being a candidate in legislative elections. This information is also found on the ACE Comparative Data database [3].

Code of Conduct
The Australian Guidelines on Official Conduct of Commonwealth Public Servants [4], set out the standards of conduct required of public servants. It is acceptable for political participation by public servants as part of their involvement in community affairs, and public servants can “become members of, or hold office in, any political party”.

The guidelines further notes two cautionary scenarios: “The first is that it is possible that being a member of some political groups could affect a public servant’s security assessment, depending on individual circumstances. The second is that the possibility of a conflict of interests may arise”. Moreover, the guidelines say that if a public servant is playing a significant part in a political campaign, there is potential for a conflict of interests. For instance, when engaging in campaigning activities, public servants should make clear that they are not there in their official capacity, and they should not use official facilities for their political activities.

Constitution
In the Australian constitution section 44, it says that candidates must sign a declaration that they are not disqualified under section 44 of the Constitution. The criteria for disqualification are detailed in the ACE Comparative Data database [5]: “Any person who: (i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or (ii) is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer; or (iii) is an undischarged bankrupt or insolvent; or (iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth; or (v) has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons“.

Barbados
In the relevant Barbados code of conduct, public officers are not to misuse their position to further their interest, including restriction on their political activity. As also stated in the ACE Comparative Data database [6], the holding of government office disqualifies a candidate at legislative elections in Barbados.

Code of Conduct
The Barbados Code of Conduct and Ethics [7] specifies the values that public officers are expected to uphold in the Public Service. It says that officers “shall not misuse their official position or information acquired in the course of their official duties to further their private interests or those of others”. Further below in the Code it says that “officers shall comply with restrictions on their political activities in accordance with the Act or Regulations”.

Constitution
The Constitution of Barbados [8] includes no explicit reference found, with regards to Civil Servants standing for election. This is not to say that there are none. However, in chapter 5 article 44 it is stated that the holding of government office disqualifies a candidate to stand for legislative elections in the country.

Canada
Ministers as well as public servants are instructed by the Canadian Values and Ethics Code for the Public Service to maintain political neutrality. As also stated in the ACE Comparative Data database [9], the holding of government office disqualifies a candidate at legislative elections in Canada.

According to the Canadian Public Service Employment Act, public servants are permitted to engage in political activity as long as they can perform their duties in a politically impartial manner.

Code of Conduct
The Canadian Values and Ethics Code for the Public Service [10] states that “Ministers are responsible for preserving public confidence in the integrity of management and operations within their departments and for maintaining the tradition of political neutrality of the Public Service and its continuing ability to provide professional, candid and frank advice”. It also says that “public servants must work within the laws of Canada and maintain the tradition of the political neutrality of the Public Service”.

Constitution and Public Service Employment Act
In Canada, a holder of government office is disqualified as a candidate in the legislative elections, as stated in the ACE Comparative Data database [11]. Moreover, "persons disqualified from being candidates are: those who are not qualified electors on the date of filing nomination papers; those not entitled to vote under the Canada Elections Act, a territorial or provincial legislator; an election officer; a judge appointed by the Governor in Council (Prime Minister), other than a citizenship judge appointed under the Citizenship Act; a sheriff, clerk of the peace or county Crown Attorney in any of the province; a person who was a candidate in a previous election and for whom a return has not been provided. Conviction for an offence of corrupt or illegal practices under the Canada Elections Act can lead to a temporary disqualification from running for office, for a period of five or seven years, depending on the type of offence".

As referred to in the Public Administration Country Profile of the United Nations Department of Economic and Social Affairs [12], the Canadian Public Service Employment Act says that the “legislation is explicit about the rules related to political activities in the public service and applies to involvement in federal, provincial, territorial and municipal politics. Public servants are permitted to engage in any political activity as long as it does not impair, or is not perceived as impairing, their ability to perform their duties in a politically impartial manner”.

Ghana
In Ghana, the Code of Conduct for the Ghana Civil Service says that civil servant shall not work politically or publicly show support in politics. The country’s constitution mandates that public officers should not put themselves into conflicts of interest. Ministers have to take the lead in terms of declaring all assets and liabilities.

Code of Conduct
The Code of Conduct for the Ghana Civil Service [13] states that “a Civil Servant may not accept any office paid or unpaid, permanent or temporary, in any political party or organization; declare himself openly as a registered member of a political party or association”. In addition, a civil servant may not publicly support a party, candidate or policy, or involve himself in political controversy. However, a Civil Servant is entitled to his views on political matters and to vote in elections.

Constitution
Under chapter 24 of Ghana’s constitution [14], detailing a code of conduct for public officers, it is stated that “a public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.” It further states that “no person shall be appointed or act as the Chairman of the governing body of a public corporation or authority while he holds a position in the service of that corporation or authority.”

Moreover, Ministers “shall submit to the Auditor-General a written declaration of all property or assets owned by, or liabilities owed by, him whether directly or indirectly”. This is to be done before taking office, at the end of every four years in office, and at the end of his term in office. Failure to comply with this is to result in investigation.

Ireland
In Ireland, the general principle is that civil servants are not allowed to stand for parliamentary election. Ministers are not to put their individual interest before the public interest.

Also, as stated in the ACE Comparative Data database [15], the holding of government office disqualifies a candidate at presidential elections in Ireland. A holder of government office would have to resign to qualify as a candidate for presidential elections.

Code of Conduct
The Irish Civil Service Code of Standards and Behaviour [16] states that “restrictions have traditionally been imposed on civil servants engaging in political activity to ensure public confidence in the political impartiality of the Civil Service.” It also states the general principles as follows [17]: “Civil servants are not permitted to seek a nomination or to stand for election to either House of the Oireachtas or to the European Parliament. This restriction applies to all categories of staff. Civil servants above clerical level cannot stand for local election.”

With regards to Ministers and the Irish Code of Conduct for Office Holders [18], the Standards Commission [19] has described ethical behaviour in the following terms: “A successful ethics regime is one which provides mechanisms whereby the sensitivities of political/public life can be handled, where competing interests can be reconciled and where individual legislators/executives can be guided in their difficult decisions by reference to the general principle that the public interest should always take precedence over the interests of the individual and, perhaps more importantly, over the interests of a political party whether in power or in opposition”.

Constitution
The Constitution of Ireland [20] includes no explicit reference found, with regards to Civil Servants or Ministers standing for election. This is not to say that there are not any.

Namibia
In the Namibian public service, the relevant code of conduct says that staff members should avoid conflicts of interest as a general principle. Moreover, Cabinet Ministers cannot expose themselves to any situation that includes the risk of a conflict developing between their interests as Ministers and their private interests.

Code of Conduct
The Namibian Public Service Code of Conduct includes three main principles saying that staff members are to perform their duties with professionalism and integrity; fairness and equity are to be observed in official dealings with colleagues and members of the public; real or apparent conflicts of interest are to be avoided [21].

Constitution
The United Nations Department of Economic and Social Affairs states in a document called Public Service Ethics in Africa [22] that the Namibian Constitution includes a general framework of standards of conduct regarding the President, Ministers and Members of the National Assembly and National Council and Members of Regional Councils. In the case of the members of the Cabinet, “Cabinet Ministers may not take up any other paid employment, engage in activities inconsistent with their positions as Ministers, or expose themselves to any situation which carries with it the risk of a conflict developing between their interests as Ministers and their private interests (Article 42(1))”. In addition, the UNDESA document states that “no members of the Cabinet shall use their position as such or use information entrusted to them confidentially as such members of Cabinet, directly or indirectly to enrich themselves (Article 42(2))”.

General Sources
A host of countries have codes of conduct governing campaigning, but that do not necessarily point out civil servants or Ministers. EISA has put together a list of such references in Southern Africa.

The United Nations Public Administration Network also provide valuable public administration country profiles.

It is also worthwhile to search for electoral laws and constitutions under Electoral Materials at the ACE website.

Links to References
1 International IDEA's Campaigning in Democratic Elections 
2 The International Code of Conduct for Public Officials 
3 ACE Comparative Data database 
4 The Australian Guidelines on Official Conduct of Commonwealth Public Servants
5 ACE Comparative Data database 
6 ACE Comparative Data database 
7 The Barbados Code of Conduct and Ethics 
8 The Constitution of Barbados
9 ACE Comparative Data database
10 The Canadian Values and Ethics Code for the Public Service 
11 ACE Comparative Data database 
12 Canadian Public Administration Country Profile of the United Nations Department of Economic and Social Affairs 
13 Public Administration Country Profile of the United Nations Department of Economic and Social Affairs referencing the Code of Conduct for the Ghana Civil Service 
14 Refers to Ghana’s constitution from 1992.
15 ACE Comparative Data database
16 The Irish Civil Service Code of Standards and Behaviour (pdf)
17 The Irish Civil Service Code of Standards and Behaviour (html) 
18 The Irish Code of Conduct for Office Holders 
19 The Irish Standards Commission 
20 The Constitution of Ireland
21 Public Administration Country Profile of the United Nations Department of Economic and Social Affairs referencing the Namibian Public Service Code of Conduct
22 Public Service Ethics in Africa by The United Nations Department of Economic and Social Affairs