Policy brief no 2 2015 a confidential system or procedure to encourage disclosures in the public int

Policy brief | 2

A confidential system or procedure to encourage disclosures in the public interest by whistleblowers July 2015

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Situational Analysis

Encouraging

and

whistleblowing,

in

facilitating particular

by

Whistleblowing is considered to be

providing clear guidance on reporting

among the most effective means to

procedures, can help authorities

expose and remedy corruption ,

monitor

fraud and other types of wrongdoing

violations of anti-corruption laws.

compliance

and

detect

in the public and private sectors.

Policy Issue

Where properly implemented and enforced, whistleblower protection laws have provided employees with

There is need to provide clear

safe disclosure channels, shielded

guidance on reporting procedures to

them from retaliation, and helped

help authorities monitor compliance

those who have been improperly

and

dismissed to regain their positions

corruption laws.

detect

violations

of

anti-

and receive financial compensation

Policy Statement

for lost wages.

Whistleblower protection is essential in encouraging the reporting of misconduct, fraud and corruption.

The risk of corruption is significantly heightened in environments where the

reporting

of

wrongdoing

is

not supported or protected. This applies to both public and private sector environments, especially in

A confidential system or procedure for making disclosures, protected or qualified, to encourage disclosure in the public interest by whistleblowers.

Policy Objective The policy aims to:

cases of bribery. Protecting public

i. Define the term disclosures

sector whistleblowers facilitates the

and determine the different

reporting of passive bribery, as well

kinds

as the misuse of public funds, waste,

amount to whistleblowing.

fraud and other forms of corruption.

of

disclosures

that

ii. Provide an avenue to disclose any improper conduct or any

A confidential system or procedure to encourage disclosures in the public interest by whistleblowers

action that is or could be

confidential to give confidence

harmful to the State.

to persons who have vital

iii. Provide

proper

disclosures to make.

reporting

channels to make disclosures.

ii. – The law should encourage

iv. Address disclosures in an appropriate

and

the establishment and use

timely

of

manner.

internal

whistleblowing

systems, which are safe and easily accessible. The law

v. Facilitate the disclosure and investigation

of

should also ensure a thorough,

significant

and serious matters in public

timely

agencies

person

investigation of concerns and

believes may be unlawful,

have adequate enforcement

dangerous or detrimental to

and follow-up mechanisms.

that

a

the public interest.

and

independent

iii. maintain

– The law should provide

written procedures, including

for easy external disclosure.

time periods, for managing

Disclosure includes among

and investigating disclosures

others, to regulatory bodies,

made by whistleblowers.

legislators,

vi. Establish

and

media

Policy Interventions i.

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and

professional civil

society

organisations. If there is a differentiated scale of care in

Procedure for disclosure –

accessing these channels, it

There should be a documented

shall not be onerous and must

system of making disclosures

provide a means for reporting

by persons who are aware of

based on suspicion alone.

unlawful and illegal activities in both the public and private sector. The procedure should be

simple

enough

and

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iv.

– Where disclosure

concerns

matters of national security, additional safeguards

procedural for

reporting

may be adopted in order to maximise for

the

successful

follow-up

and

opportunity internal resolution,

without unnecessary external exposure. v.

– The law should recognise the whistleblower as an active and critical stakeholder to the complaint. The whistleblower should be informed of any follow-up and outcomes of the disclosure he or she should be provided with a meaningful opportunity to contribute to the process. vi. A rewards system – The law should consider whether to include further mechanisms to encourage disclosure, such as a rewards system which empowers the whistleblower to follow up their allegations.

A confidential system or procedure to encourage disclosures in the public interest by whistleblowers

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REFERENCES i. OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions, Recommendation IX. ii. United Nations Convention against Corruption (UNCAC) (2005), Article 33.Council of Europe Civil Law Convention on Corruption (1999), Article 9. iii. OECD Guidelines for Managing Conflict of Interest in the Public Service (2003)107, 28 May 2003. iv. OECD, Commentary on the OECD Guidelines for Multinational Enterprises http://www.oecd.org/dataoecd/56/36/1922428.pdf v. Whistleblowing International Standards and Developments* David Banisar. May 2006 Revised February 2009. Paper presented at y

the

Primera

Transparencia:

Mercado

y

Conferencia Debatiendo

Sociedad,

Mexico

Internacional las

Fronteras

City,

23-25

sobreCorrupci贸n entre

Estado,

March

2006.

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correct as of July 2015.

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