Solomon Islands Parliament Passes Whistleblower Protection Laws Amid Concerns Over Deficiencies
The Solomon Islands parliament has taken a significant step forward in the fight against corruption by passing the country’s first anti-corruption and whistleblower protection laws. The Anti-Corruption Act 2017 establishes an Independent Commission Against Corruption to investigate and prosecute offenders, while the Whistleblowers Protection Act 2016 protects those who come forward to report corruption.
Deficiencies in the New Laws
However, not everyone is celebrating the passage of these laws. Chairperson of parliament’s Bills and Legislations Committee, Matthew Wale, has criticized the new anti-corruption act for being defective. The main concerns are:
- Weak provisions on unjust enrichment
- A clause that allows local custom or cultural practices to be used as a defence against corruption allegations
Wale believes this shows a lack of political will to take a zero-tolerance approach to corruption.
Retrospective Application
Another contentious aspect of the new law is clause six, which implies that the act does not apply retrospectively. Wale believes this is unnecessary, as protection against retrospective application is already provided for in section 10(4) of the country’s constitution.
Recommendations for Strengthening the Law
The Bills and Legislation Committee has made several recommendations for strengthening the anti-corruption law, including:
- Setting up the commission with more financial independence from government
- Giving it powers to freeze funds and seize assets suspected of having been obtained corruptly
- More scope for investigating corruption in the private sector
Concerns from Experts
Legal director of the office of the Ombudsman in Solomon Islands, Nelson Dhita, shares these concerns. “There is an additional overarching obligation on the government to adequately resource this anti-corruption agency and its sister organizations,” he said.
Hope for Positive Change
Despite these concerns, Transparency’s Ruth Liloqula is hopeful that the new laws will bring about positive change. “We are hoping that there will be investigations and that people will come forward to report what they see and provide evidence without having to be afraid,” she said.
Next Steps
The government has yet to announce a commencement date for the new laws, but calls are growing for them to also introduce Freedom of Information legislation to parliament in order to further strengthen the fight against corruption.