Our country has lived through a range of experiences which have convulsed the deepest socio-economic roots and above all the cultural ones, which have unleashed numerous political changes, subjecting Public Institutions and Public Servants to numerous tests.
Introduction
The demographic change experienced in the last years has modified the profile of our population, which results in an increase in social demands, since these present conditions that are different from those of the past.
The different social demands require a change of attitude on the part of the Public Servants, translated into the formulation of new public policy strategies, more in accordance with the needs and demands of society as a whole and the influence of the Regional, National environment. and International.
Says Aristotle "Whoever is not capable of living in society because he believes he will suffice by himself or because he does not need it, has to be an animal or a God".
To understand what obliges the Public Servant to act ethically ?, the truth is that there is no law that obliges it, as such, but nevertheless, this serves Public Servants to guide and choose their own conduct (1)
We see how the State guides Public Servants towards the adoption of some norms or values, but in reality they act from the unconscious of individuals, and for this reason they are given a rigid, exaggerated or authoritarian character, experiencing a mechanical orientation that Nor does he himself know why he has to act in a certain sense, preferring to follow and strictly comply with regulations, this force arises from the strata of the unconscious.
Although it is true that Institutional norms have the characteristic of obligatory nature, this does not suppress or restrict human freedom of free choice.
As man goes through the different stages of his life, he discovers his free will and manifests it in different ways. Where as it becomes mature, it begins to perceive its own domain where its autonomy constitutes one of its maximum values.
Let's see then that the Public Servant is obliged to act ethically, and if the Institutional regulations have the characteristic of obligatory nature.
Therefore, if we talk about freedom (free will) we are also talking about autonomy, which according to the Dictionary of the Spanish Language (2), Freedom for an individual to have himself, also comes from Greek autos; itself; nomos; law and means the attitude of the person who gives himself laws. When this freedom is constituted as an obligation; commit to accomplish one thing.
What we can establish "you have to do good and avoid evil," that is, good obliges, and this obligation when it becomes autonomous becomes unconditional.
Now, in terms of ethics; according to García (2001), Fernández (2000) and Walton (1977), ethics considers human acts as they are "correct" or "incorrect" or as "just" or "unfair", with reference to a series of values of a social group. Ethical values must be founded on rational knowledge and standards that allow ethics to become a normative science
From my point of view, the objective of ethics is the application of a series of moral norms based on loyalty, honesty, courtesy and honor, which will contribute to the strengthening of Institutional structures.
Institutional regulatory strategies are preventive as established in our Magna Carta, enshrining as subjective public rights, as the guarantee of effective access to the jurisdiction of the State, taking into account their legal practices and customs, but also the protection and promotion of their specific languages, cultures, uses, customs, resources and form of social organization (3).
In addition to the national objectives, the strategies, priorities and programs that will govern the actions of the Federal Public Administration Units and Entities. Through a new model of behavior and political culture based on public ethics. (4)
The development of each of the functions is based on twelve fundamental principles.
- HumanismEquityChangeInclusionSustainabilityCompetitivenessRegional development Compliance with legalityDemocratic governanceFederalismTransparencyAccountability
These fragments at the time of their interpretation place us in the concept that Plato called “The Idealistic Worldview.” (5) Each person has his own worldview, his own ideas, regarding things, people, norms, values and universe in general.
In the case of Public Servants, their worldview and interpretation of things evolves with age, the environment, the culture of the people and values among others, these serve to build and explain their own vision of things, which are they are hardly a shadow of true reality.
Based on the above, we see that absolute truth is relative and this is according to its interpretation of the norms, if we analyze what is contemplated in Webster's New Collegiate Dictionary (2002) defines ethics as "the discipline that studies the what is good and what is bad, and moral obligation and duty ”. The problem in the Public Servant is the existence of the evil considered as a real problem, so what compels the Public Servant to act ethically? If it is not the law, then it is the attitude that he must assume towards evil.
If we start from the fact that risk situations such as corruption, impunity, abuse, intolerance, rejection, discourtesy, discrimination among others are constantly occurring (6), the Public Servant is so vulnerable that nobody can stay absent or removed from these events, what is put in question of good and evil, is the attitude of the Public Servant in the face of such situations. There are authors like Machiavelli (7), who support the intrinsic necessity of the existence of evil.
The Thomist philosophers, point out that in the absence of good there is a gap and that is why we say that evil occurs, what we call bad is only the deprivation of a good.
Qualities of the Public Servant
The main objective of the State is the achievement of the common good, social welfare, its efficiency will be measured in relation to the fact that all the actions carried out are focused on guaranteeing this end.
Public Administration is the means and structure available to the State to guarantee compliance with its objectives (8). This is the people who make up and make up this Institutional framework, call them Public Servants, Collaborators, Administrators or Public Officials, they must be worthy, respected and honest people. Where the moral factor constitutes one of the primary elements of government programs and policies.
Society in general has a negative and adverse perception of government work due to the problems of corruption, opacity and discretion, and the poor culture of accountability in the public sector.
This has a substantial impact on the image and performance of the Federal Public Administration as a whole, which makes it necessary to improve the organization and operation of its institutions, its resources and management. (9)
Where the Public Servant must necessarily adjust their behavior to a series of orders, norms and guidelines of a moral nature, since most of their functions before society turn out to be quasi-priestly.
Consequently, the Public Servant must be an example of morality, where the fulfillment of the duty and pride of being a Public Official, must be lived day by day to regain the confidence of the citizenry. (10)
It should be clarified that with the figure of Public Administrator, we also refer to those who perform senior management functions, Directors, Managers, Assistant Managers, Project Managers, Area Managers, Hydraulics Specialists, if all the administrative staff, call them trusted or base (11), in whose separation I do not agree since we all seek the same end that is the common good, which sometimes we come to think that by governmental disposition we are exempt from the observance of moral and ethical norms, to adopt an acceptable moral conduct, and pretend that citizens serve ourselves, ignoring that the functions we perform must be oriented to the achievement of customer and citizen satisfaction (12),since this is who pays our salary through their contributions (13).
Justification
The importance of a text or a norm where the basic principles of Legality, honesty, Loyalty, Impartiality and Efficiency among others are considered (14), I consider that they cover this gap which constitutes good, as a positive value, when it is given, it is known, it is spread and it is lived, we will be answering the question that the Public Servant cannot be forced to act with ethics, since this constitutes the essence of every human being.
conclusion
The Code of Ethics can be considered at first as a pilot standard, that is, as an indicator by which it guides us on what is correct and not as something forced to comply.
It is also necessary to consider it as an Institutional norm of a constructive nature, that is, it works as a recording in the subconscious of Public Servants so as not to lose focus or direction.
The Code of Ethics provides us with a series of ideas and concepts that help to understand the diversity of moral criteria and from these concepts it is possible to build an ethic more in line with the values, principles and customs, translated into the capacity of the Public Servant to create, think and develop attitudes more in line with their world view.
This Code of Ethics, is constituted as an instrument of the Public Servant, translated in the ability to create and motivate their criteria translated into a series of norms, which far from limiting or restricting their freedom, give them the elements to develop their creativity according to the functions and levels to be performed within the Public Function.
Furthermore, these principles contemplated in the Code of Ethics are not limited solely and exclusively to the workplace, but rather cross cultural and family boundaries.
Therefore, the Public Servant, compliance with said Code should not be out of fear or punishment, but for their own convenience and out of respect for duty as well as for the functions entrusted.
- Raúl Gutiérrez S. Introduction to ethics, chap. IILarouse, First edition, 34th reprint because it proposes (rational) rules of conduct, and studies human acts according to whether or not they are adequate for the common good. Political Constitution of the United Mexican States, Chapter I, of Individual Guarantees. National Development Plan 2001-2006History of Philosophical Doctrines, Edit. Sphinx (National Program to Combat Corruption and Promotion of Transparency and Administrative Development 2001-2006) (Nicolás Maquiavelo, El Príncipe) (Organic Law of the Federal Public Administration) Presidential Agenda for Good Government, Honest and Transparent Government.Mario Moreno Cantinflas, The Minister and the Federal Labor Law section “B”, Federation of Trade Unions of State Service Workers INTRAGOB Quality Model,Criterion 1 Satisfaction of the Client and Citizen Law of Income and Budget of Expenditures. Official Journal of the Federation, July 31, 2002.
