Whistleblower Protection Law Falls Short in Guinea

Guinea has recently enacted its first-ever whistleblower protection law, but experts say it fails to provide adequate safeguards for those who dare to speak out against corruption and wrongdoing.

Key Issues with the Whistleblower Act

• The law meets only three out of twenty-four International Best Practice Guidelines.
• It lacks a penalty for employers who breach the act.
• Volunteers, interns, students, consultants, and outside contractors are excluded from protection.
• Employees can only report improprieties to their immediate supervisors or employers, not to other authorities or bodies.

Limitations of the Law

• The law does not impose an obligation on employers to conduct investigations into whistleblower complaints.
• There is no penalty for breaching the act.
• Whistleblowers have to make an application to the courts, which can be a lengthy and costly process.
• Employers and government departments are not required to have a system for dealing with whistleblower complaints or protecting the identity of whistleblowers.

Government’s Commitment to Transparency and Accountability

• The government failed to consult publicly on the draft bill.
• The law was passed without proper parliamentary scrutiny, raising concerns about the government’s commitment to transparency and accountability.

The Importance of Whistleblower Protection

• Whistleblowers play a crucial role in exposing corruption, fraud, mismanagement, and other wrongdoing that threatens public health and safety, financial integrity, human rights, the environment, and the rule of law.
• By disclosing information about such misdeeds, whistleblowers have helped save countless lives and billions of dollars in public funds.

Conclusion

• Guinea’s failure to provide effective protection for whistleblowers is a missed opportunity to improve openness and accountability.
• Strengthening the whistleblower protection law is essential to ensure that those who speak out against wrongdoing are protected from retaliation and can continue to play their crucial role in promoting transparency and accountability.