Why whistleblowing? - iaca. · PDF fileWhy whistleblowing? “New challenges” IACA,...
Transcript of Why whistleblowing? - iaca. · PDF fileWhy whistleblowing? “New challenges” IACA,...
UNCAC - “reporting persons” “competent
authorities”
Whistleblowers – “public interest”
.... voluntary
…. good citizenship
The terminology
What is whistleblowing?
Council of Europe:
Reporting or disclosing information on acts and
omissions that represent a threat or harm to the
public interest
PCaW definition:
Raising a concern about wrongdoing, risk or
malpractice with someone in authority either
internally and/or externally (i.e. regulators,
media, MPs) [UK, Public Interest Disclosure Act]
Who are whistleblowers? Council of Europe Recommendation on the Protection of
Whistleblowers 2014:
any person who reports or discloses information
on a threat or harm to the public interest in the
context of their work-based relationship,
whether public or private
Organisation of American States, Model Law 2004:
an individual who warns of threats to the public
by serving as a "people’s witness."
Culture
Hierarchy
Expectations
Institutional capacity
International requirements
Legal framework
The challenges
All too often inquiries into disasters and scandals show
that those working close to the problem (wrongdoing)
knew of the dangers before any damage was done but
had:
been too scared to speak up;
spoken to the wrong people (no alternative); or
raised the matter only to be ignored or punished.
The missed message
Source: Council of Europe, Explanatory Memorandum to the Recommendation on
the Protection of Whistleblowers, 2014
Internal
disclosure
Regulatory
disclosure
Public disclosure
Striking the balance between protecting society & protecting the interest of employers
A step at a time
All persons
Workplace
associations
→ corpus of measures on transparency &
accountability
→ do not seek to punish frivolous, vexatious or
malicious disclosures
→ ensures public accountability safeguards
→ ensures plurality of protected routes –
decentralised and centralised
→ focus on public interest of information
Facilitating whistleblowing
• Serbia – civil society + agencies + government
• Ireland – reform programme, transparency &
accountability
• USA – Office for Special Counsel
• Malaysia – MACC, lack of public accountability
in legal protection
• Indonesia – community actors bringing cases
to light
• India – I-PAID-A-BRIBE.com
Practical Examples
©PCaW 2013 - 00 44 20 7404 6609
83% of workers blow the whistle up to 2 times then stop
15% of whistleblowers raise a concern externally. Only 60%
blow the whistle externally even on the third attempt. Only
22 individuals raised a concern four or more times. Half of
these (11) went outside their organisation
Newer employees are most likely to blow the whistle (39%
have less than two years' service).
60% of whistleblowers receive no response at all from
management - silence
The Inside Story: research headlines
Founding members:
Public Concern at Work – UK
Government Accountability Project – US
Open Democracy Advice Centre – SA
Federal Accountability Initiative for Reform – Canada
Whistleblowers Network - Germany
• international platform technical & legal exchange
• transmitting first-hand knowledge of whistleblower
protection across borders
• create new links with civil society
• develop international policy and legislative solutions
www.whistleblowingnetwork.org