From policy to practice: Building whistleblower systems that work

Holding power to account can be a dangerous act. Courageous individuals who expose the harmful actions of governments, public organisations and companies often face risks – including harassment, blacklisting, smear campaigns, and in some cases even physical violence, persecution or arrest. However, they keep working to enhance transparency and accountability to ensure public funds go where they should.

The individual right to freedom of expression includes the right to report wrongdoing – both in government and in private companies. People who speak up should be protected, not punished.

This is why, over the past decade, we have advocated for the adoption and implementation of strong whistleblower protection frameworks, alongside the development of resources to help organisations implement effective internal whistleblowing systems.

Legal protection is the cornerstone of effective whistleblowing. When people have safe and effective ways to raise the alarm and report wrongdoing, we all benefit. In many countries, however, there are no comprehensive whistleblower protection laws, with laws only protecting employees in certain sectors or not shielding whistleblowers against civil and criminal liability. In other instances, reporting mechanisms remain unclear, inaccessible or unsafe. Retaliation remains common, while accountability for perpetrators is rare.

Over the last ten years, we have contributed to the development of international standards and the implementation of legal reforms at the national level to protect those who speak up to hold governments and public and private organisations accountable.

Some of our key initiatives include the development of International Principles for Whistleblower Legislation and a Best Practice Guide for Whistleblowing Legislation, which have been widely adopted or referenced by governments, civil society, and international organisations – including the EU Whistleblower Protection Directive.

Transparency International was also part of a coalition of civil society organisations that was instrumental in the adoption, in October 2019, of a European Union (EU) wide whistleblower protection directive, which provides a strong foundation to achieve uniform and robust whistleblower protection across the EU. We then engaged with the governments of EU member states and candidate countries to ensure the best possible implementation at the national level and monitored progress. All EU member states have now passed laws to reflect the Directive into their national law, but our analysis found that most EU countries fall short in key areas, particularly when it comes to the support of whistleblowers.

Findings are similar in EU candidate countries – where laws exist, the implementation is often weak and public awareness of the right to expose wrongdoing is low. We continue to engage with the government and other stakeholders in these countries to improve the national whistleblower protection framework and monitor progress.

Even when international or regional standards are robust, effective protection requires political will and meaningful implementation which, in turn, demands resources, persistent monitoring, and strong multi-stakeholder cooperation.

Whistleblowing helps companies protect themselves from the effects of misconduct, including legal liability, serious financial losses and lasting reputational harm. Effective internal reporting mechanisms also foster a corporate culture of trust and responsiveness. Research shows that organizations that listen to whistleblowers can identify problems earlier, which helps them find solutions and build healthier – and more productive – work environments.

In order to help public and private organisations, we developed a comprehensive suite of guidance for developing, evaluating and continuously improving their internal whistleblowing systems. Our best practice principles outlines key elements of effective systems, and our self-assessment framework enables organisations to evaluate the design and implementation of their systems, outlines key elements of effective systems

In addition, in collaboration with Transparency International Ireland, we developed a new tool.

This tool is designed to move organisations beyond compliance checklists and provides a practical framework to help organisations assess whether their systems are working as intended. It offers a set of indicators to collect and analyse data on key aspects of the system’s performance, such as the number and type of reports received, user trust in the system, incidents of retaliation, and resourcing. It also includes guidance on reporting and communicating findings, within the organisation and externally, to build trust in the system as well as improving internal learning and external accountability.

Several Transparency International National Chapters have developed similar tools tailored to their national context and provide training and support to organisations in the public and private sectors. In the Netherlands, Transparency International investigated the state of whistleblower protection in 70 of the largest companies in the country and developed 20 actionable recommendations based on what it found, including fostering a culture of reporting and ensuring whistleblowers can make reports without revealing their identities. In Italy, the chapter is providing a free secure online reporting platform to public administration.

Transparency International operates Advocacy and Legal Advice Centres (ALAC) in more than 60 countries. These centres provide confidential support to individuals reporting corruption and offer invaluable insights into the real-world barriers whistleblowers face and help identify practical solutions.

In March 2023, for example, Transparency International Hungary received a report from a whistleblower exposing corruption in a public hospital and helped the individual raise a complaint with the National Protection Authority, which was later officially investigated. In 2019, Transparency International Lebanon partnered with a group of investigative journalists to expose the impact of raw sewage and industrial waste illegally dumped on the Litani river and the corruption that prevented action from being taken. The insightful documentary they produced caused a national outcry that finally prompted official action and clean-up operations are now underway.

Whistleblowing is about shining a light on harmful practices that enable corruption and other wrongdoing and creating systems where everyone – regardless of gender, background, or identity – is able to speak up safely.

Fostering it requires action by governments, public and private organizations, and societies as a whole. This is why we are urging authorities to promote the value of whistleblowing by helping companies and organisations to improve their internal reporting systems, evaluate the effectiveness of legal protection, and encourage the development of an environment where whistleblowing is safe.

Civil society organisations, together with trade unions, employer and professional associations, independent media, academia, and community-based actors, are crucial partners in the development and implementation of effective whistleblower legislation and practices. These stakeholders raise awareness, offer independent advice to whistleblowers, monitor implementation and provide valuable technical expertise, which is why countries should institutionalise multistakeholder engagement in their national whistleblower protection strategies. This includes involving civil society from the earliest stages of legislative drafting and ensuring their participation in implementation, awareness-raising and oversight efforts.

Only then, we will be closer to creating a more transparent and safer community for all.

^{Transparency International’s Monitoring Internal Whistleblowing Systems: A framework for collecting data and reporting on performance and impact and Internal whistleblowing system: Self-assessment framework for public and private organisations were produced under the EU-funded SAFE4Whisteblowers project. Transparency International’s Best practice principles for internal whistleblowing systems and the report How well do EU countries protect whistleblowers? were produced under the EU-funded  Speak Up Europe  project.  Tracking implementation of National Integrity System (NIS) recommendations across the Western Balkans and Türkiye was produced under the project Citizen engagement for public integrity (CEPI) funded by the European Union.}