Principle 4: independent and Impartial Investigators
formally excuse himself or herself from participating with regard
to any involvement in that matter which might give rise to the
conflict of interest situation.499
The International Code of Conduct for Public Officials similarly provides
that public servants should, “in accord with their position and as permitted
or required by law and administrative policies, comply with requirements
to declare or to disclose personal assets and liabilities….”500 Consequently,
some states impose an obligation on investigators and members of election
dispute resolution bodies to submit statements of net worth at various points
throughout their tenure. To facilitate reporting, Bhutan’s Anti-Corruption
Commission staff has developed an online asset declaration system through
which all civil servants report assets annually.501
The assorted provisions discussed in this section highlight another important element that is critical for the management of conflicts of interest. Not
only do investigators have a duty to disclose potential conflicts of interest but
they also have the related responsibility to resolve these conflicts in one of
two possible ways—either by removing the conflicting interest or by recusing
themselves from the relevant investigation.
Finally, “to be effective, realistic enforceable sanctions for breaches of
conflict of interest provisions are necessary, such as dismissal or other disciplinary action.”502 The requirement for investigators to disclose and resolve
conflicts of interest largely rings hollow without mechanisms that would
hold investigators accountable to these rules. In the Philippines, for example, possible sanctions include suspension, fines, and even imprisonment.503
499 U.N. Staff Rules: Staff Regulations of the United Nations and Provisional Staff Rules ¶ 1.2(p), U.N. Doc. ST/SGB/2009/7
(Oct. 21, 2009); see also id. ¶ 1.2(m) (further defining a “conflict of interest” in financial terms, stating: “Staff members shall not
be actively associated with the management of, or hold a financial interest in, any profit-making, business or other concern,
if it were possible for the staff member or the profit-making, business or other concern to benefit from such association or
financial interest by reason of his or her position with the United Nations.”).
500
International Code of Conduct for Public Officials, supra note 443.
501
See Nat’l Council of Bhutan, Asset Declaration 2014, http://www.nationalcouncil.bt/vacancy/ (last visited May 28, 2020).
502
Wall et al., supra note 366, at 69.
503
Code of Conduct and Ethical Standards for Public Officials and Employees, Rep. Act. No. 671, § 11(a) (Phil.).
137