Whistleblower Protections and Corruption Reporting in Pacific Island Countries

A recent report by PILON (Protection of Whistleblowers International Network) highlights the importance of having a clear definition of “protected information” to ensure that whistleblowers can report wrongdoing without fear of retaliation. The report recommends considering including “maladministration, misconduct, and misfeasance” in their definitions, as well as inaction that triggers one of the aforementioned wrongful acts.

Definition of Protected Information

The Maldives Act on the Protection of Whistleblowers provides an example of a broad definition of protected information, covering:

• Violations of law and administrative regulations
• Human rights abuse
• Corruption
• Dangers to public health or safety
• Environmental harm

Similarly, the UNODC Resource Guide on Good Practices in the Protection of Reporting Persons advises setting out the range or type of wrongdoing that is covered.

Good Faith and Reasonable Grounds

Article 33 of UNCAC states that protection against unjustified treatment should be considered for any person who reports “in good faith and on reasonable grounds.” Some national laws and organizational policies include good faith as part of the qualification criteria for protection. PILON recommends including a good faith test within the criteria to prevent abuse.

How Might Disclosures 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)
• Externally to law enforcement and regulatory agencies (e.g., anti-corruption bodies or health and safety regulators)

Conclusion

A clear definition of protected information is crucial to ensure that whistleblowers can report wrongdoing without fear of retaliation. The inclusion of good faith and reasonable grounds in whistleblower protection laws is also essential to prevent abuse and protect whistleblowers who hold a reasonable belief of wrongdoing.

References

1. PILON (2022). Whistleblower Protections and Corruption Reporting in Pacific Island Countries.
2. UNODC Resource Guide on Good Practices in the Protection of Reporting Persons.
3. Maldives Act on the Protection of Whistleblowers.
4. European Union Directive on Whistleblowing.