Whistleblower Protection in Finance Industry: A Long Time Coming in Senegal
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Introduction
President Bassirou Diomaye Faye of Senegal has promised to introduce a bill protecting whistleblowers, raising hopes for greater transparency and accountability. This announcement comes as environmental defender Oudy Diallo faces six months in prison for “spreading false news” after revealing a mining contract negotiation between Chinese nationals and local authorities.
The Need for Whistleblower Protection
Whistleblowers have often paid the price for revealing illegal or illicit activities, being sanctioned under vague charges such as “false news” or “violation of professional secrecy.” Ousmane Sonko, former prime minister and leader of the ruling party African Patriots of Senegal for Work, Ethics and Fraternity (Pastef), experienced this after accusing several personalities of illegally benefiting from tax advantages.
The Benefits of Whistleblower Protection
A whistleblower protection law would not only protect whistleblowers but also provide mechanisms for collecting reports, investigating, and potentially taking legal action against wrongdoers. According to Jimmy Kandé, Africa director of the Western and French-speaking Platform for the Protection of Whistleblowers in Africa (Pplaaf), “Concrete measures are needed to protect and support whistleblowers, ensuring their immunity against criminal or civil prosecution.”
Key Elements of a Whistleblower Protection Law
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- Protecting whistleblowers from criminal or civil prosecution
- Providing mechanisms for collecting reports and investigating allegations
- Allowing legal action against wrongdoers
The Importance of Ensuring Dignity and Avoiding Abuse
Whistleblower protection laws must also ensure that the law does not infringe on individuals’ dignity or be used as a tool for abuse. As lawyer Amadou Diallo of Amnesty International explains, “Whistleblower does not mean informer. We must protect the dignity of people and avoid abuses.”
Senegal’s Position
If Senegal were to adopt such a law, it would become the first country in French-speaking Africa to do so. Other countries, including Ivory Coast, Burkina Faso, and Nigeria, are also working on legislation, but these initiatives have not yet been successful.
English-Speaking Africa: A Different Story
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In English-speaking Africa, only 11 countries legally protect whistleblowers, creating an environment where journalists can speak out but law enforcement is often ineffective. In some cases, whistleblowers have paid the ultimate price, such as Malian Amadou Traoré who was forced into exile after denouncing illegal trafficking in rosewood on the border with Senegal.
Conclusion
The need for whistleblower protection is urgent, particularly in the finance industry where corruption and embezzlement of public funds are common. With President Faye’s promise to introduce a bill, there is hope that Senegal will take a crucial step towards greater transparency and accountability.