Financial Crime World

Whistleblower Protection Laws Enacted in British Virgin Islands: A Step Towards Strengthening Good Governance

In a significant move towards promoting good governance in the British Virgin Islands, lawmakers have passed the Whistleblower Act 2021 to protect individuals who report wrongdoing from acts of victimization.

Background


The legislation, moved by Premier Andrew Fahie, defines a whistleblower as any individual, usually an employee, who exposes information or activity within a private, public, or government organization deemed illegal, illicit, unsafe, or a waste of taxpayer funds.

Key Provisions


Under the new law, whistleblowers will be protected from victimization by employers, fellow employees, or other individuals as a result of making disclosures. Specifically:

  • Whistleblowers can seek redress and police protection under the legislation.
  • They may initially file a complaint with the Complaints Commissioner, who will investigate and make orders to rectify the situation if necessary.
  • Whistleblowers subjected to victimization can also seek damages in the high court and may be entitled to police protection if there is reasonable cause to believe that they, their property, or family members are under threat.

Importance of Good Governance


The British Virgin Islands government has been working to improve governance in the territory, and this legislation is another step towards achieving that goal. The recent passage of the Contractor General Act 2021 also aimed at strengthening good governance.

Conclusion


With the whistleblower act now on the books, individuals who report wrongdoing can feel more confident in coming forward without fear of retribution. This move demonstrates the government’s commitment to promoting transparency and accountability in public institutions, ultimately benefiting the people of the British Virgin Islands.