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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