Whistleblower Protections Crucial in Fighting Corruption: Experts
In the ongoing battle against corruption, whistleblower protections are essential in ensuring that individuals who speak out against wrongdoing are shielded from retaliation.
Governments Urged to Adopt Broad Definition of Wrongdoing
According to experts, an act of corruption may not always be immediately apparent as such, and may only be revealed through investigation. Furthermore, some reports may initially appear unrelated to corruption, but later investigations can uncover a link between the two.
The Pacific Islands NGO, PILON, has recommended that governments include a definition of wrongdoing that encompasses the widest possible range of criminal, environmental, and leadership codes and legislation. This would enable individuals to report a broad range of misconduct without fear of reprisal.
Examples of Whistleblower Protection Laws
- In some countries, such as the Solomon Islands, individuals who disclose information showing corruption or maladministration are protected by law.
- In contrast, other countries like Australia define “disclosable conduct” as information concerning suspected or probable illegal conduct or wrongdoing.
- The Maldives has taken a more comprehensive approach, with its Whistleblower Protection Act allowing disclosures of various types of information, including violations of the law and human rights abuse.
Importance of Clear Definitions
Experts stress that it is essential to provide clear definitions of wrongdoing to ensure that individuals are aware of what type of misconduct is protected by law. Jurisdictions like the United Kingdom, Australia, and the Republic of Ireland have provided definitions in their laws, which are broad yet clearly defined.
Considerations for Whistleblower Protection
- It’s important to consider what information may be outside the scope of whistleblower protection, such as general disagreements about policy decisions or personal grievances.
- Some national laws and organizational policies include a good faith test within the qualification criteria for protection. PILON recommends that a good faith test should be included within the criteria to prevent abuse.
How Disclosures Can Be Made
At a minimum, whistleblower protection laws should provide protection for concerns raised internally to competent authorities (e.g., the organization where the whistleblower works) and externally to law enforcement and regulatory agencies (e.g., anti-corruption body or health and safety regulator).
Key Takeaways
- Adopting a broad definition of wrongdoing is crucial in ensuring that whistleblower protections are effective in fighting corruption.
- Governments must take steps to provide clear definitions of misconduct and protect individuals who speak out against wrongdoing.
Example Definition of Protected Information
The Maldives Act on the Protection of Whistleblowers allows disclosures of:
- Any violation of the law
- Human rights abuse
- Corruption
- Misuse of public funds
Good Faith Test
Some national laws and organizational policies include a good faith test within the qualification criteria for protection. PILON recommends that a good faith test should be included within the criteria to prevent abuse.
How Disclosures Can Be Made
At a minimum, whistleblower protection laws should provide protection for concerns raised internally to competent authorities (e.g., the organization where the whistleblower works) and externally to law enforcement and regulatory agencies (e.g., anti-corruption body or health and safety regulator).