The need for whistleblower protection |
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photo: © Stefan Redel/istock
Whistleblowers play a vital role in exposing corruption, fraud, and mismanagement, and in preventing disasters that arise from negligence or wrongdoing. Those within public institutions and the private sector who speak out about wrongdoing potentially save lives and resources, as was the case when a doctor disclosed the cover-up of the SARS outbreak in China. Poor or no follow-up of initial reports, as in the Madoff pyramid-scheme scandal in the United States, can cost investors millions.
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| In most known cases, whistleblowers expose themselves to high personal risks in order to protect the public. |
Legal, organisational, and national cultural contexts often discourage employees from disclosing what they know about wrongdoing. Whistleblowers may face severe repercussions for their actions, including workplace retaliation or dismissal, psychological damage, threats and physical harm. They must be protected when they speak out, and at the same time there need to be efficient and trustworthy follow-up mechanisms in place to ensure the proper investigation of disclosures.
International conventions like the UN Convention Against Corruption, the Council of Europe Civil Law Convention on Corruption, the Inter-American Convention Against Corruption, and others, commit the signatory countries to implementing appropriate legislation. An increasing number of governments are considering legislation. Yet so far there is no coherent European framework, and national legislation on whistleblower protection varies considerably in degree of effectiveness.
International conventions and whistleblowing
- African Union Convention on Preventing and Combating Corruption (article 5)
- Anti-Corruption Action Plan for Asia and the Pacific (pillar 3)
- Council of Europe Civil Law Convention on Corruption (article 9)
- Council of Europe Criminal Law Convention on Corruption (article 22)
- Inter-American Convention Against Corruption (article 3)
- OECD Convention on Bribery of Foreign Official in International Business Transactions (Annex, 6)
- Southern African Development Community Protocol Against Corruption (article 4)
- UN Convention against Corruption (UNCAC) (article 33)
Specialised whistleblowing organisations
- Canadians for Accountability
- Federal Accountability Initiative for Reform (Canada)
- Government Accountability Project (USA)
- Integrity line (Switzerland)
- National Whistleblowers Center
- Open Democracy Advice Centre (South Africa)
- Project on Government Oversight (USA)
- Public Concern at Work (UK)
- Whistleblower Netzwerk e.V. (Germany)
Other relevant sources
- Group of States Against Corruption (GRECO)
- PAS Code of practice for whistleblowing arrangements (British Standards Institute and Public Concern at Work, 2008) (can be downloaded here – signing up required):
- International Chamber of Commerce (ICC), Guidelines on whistleblowing
- Sarbanes-Oxley Act (USA, 2002)
- Council of Europe draft resolution on the protection whistleblowers
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Alternative to Silence: Whistleblower Protection in 10 European Countries >> read more |
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Whistleblowing: International Standards and Developments >> read more |
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