Whistleblower Protection Research Articles

Whistleblower’s Rights in a Legal Investigation: Exploring the Challenges and Opportunities in Albania

Background: This article examines the issues, possibilities, and methods associated with whistleblowing in Albania. Transparency and accountability became increasingly important as the country moved from communist rule to democracy. The passage of the Whistleblower Protection Law in 2016 laid the groundwork for recognising and protecting whistleblowers. This article discusses the legal framework of Law No. 60/2016, as well as other legal initiatives, in the light of the rights and protection provided for whistleblowers, following up with an administrative investigation and criminal proceeding. However, despite these legal strides, whistleblowing is hindered by several issues, including a lack of public awareness, a continuing fear of retaliation, limited legislative safeguards, and resource restrictions among whistleblower-handling organisations. As Albania continues to grapple with these challenges and seize the opportunities at hand, the challenge stands in strengthening the culture of integrity, transparency, and accountability. Commitment to this critical part of governance not only strengthens whistleblower practices but also adds to the fight against corruption and the rule of law. This article concludes with recommendations on turning challenges into opportunities and strengths through the right governance and tools, aligning with the best international practices. Methods: The methodology applied for exploring whistleblowing practices in Albania included a thorough assessment of relevant legal texts, legislative frameworks, and academic literature. Primary sources included a careful review of Albanian whistleblower legislation, emphasising clauses covering rights, safeguards, and processes. This legal research offered a solid grasp of the statutory systems in place to facilitate whistleblowing practices in the nation. Furthermore, a thorough assessment of academic papers, reports from international organisations, and case studies was carried out to capture the practical consequences and obstacles faced by whistleblowers in Albania. This multidimensional approach enabled a full analysis of the theoretical underpinnings as well as real-world uses of whistleblower mechanisms in the Albanian setting. Results and conclusions: The whistleblower practice in Albania has encountered many challenges, but improvements have been made to guarantee access to justice. The main problem that the whistleblower faces is retaliation, which creates such a fear that most will choose to stay silent in the face of injustice or illegal acts. Another issue is certainly job insecurity because many can’t afford to switch jobs or find jobs that meet their criteria. Some recommendations for improving whistleblowing practices and guaranteeing more protection for vulnerable subjects include whistleblower training, strengthening the whistleblower network, evaluating results often and putting financial safeguards in place.

The Importance Of Whistleblower Protection In The Environmental Sector

Whistleblower protection in the context of the environmental and Natural Resources sector is a key element in efforts to prevent corruption and sustainable management. This sector has a direct impact on human lives and societal well-being, and therefore, maintaining its integrity is essential. This research outlines the importance of whistleblower protection in the environmental and natural resources sectors. The method used in this research is normative with a doctrinal approach. Protection of whistleblowers has an important role in maintaining transparency and accountability in the environmental and natural resources sectors. Through the protection provided to whistleblowers, corrupt practices can be exposed and accountability can be realized. However, challenges and limitations still exist, and concerted efforts are needed to improve the implementation and effectiveness of these laws. With continued efforts, whistleblower protection laws can become a powerful tool in promoting transparency and accountability in the environmental and natural resources sectors.

The Realities of Anti-Corruption and Whistleblowing

Abstract Despite the existence of anti-corruption whistleblowing laws, Zimbabwe’s public service has suffered from maladministration, corrupt politicians, “mediators” and businesses, malpractice and irregularities for a long time. This article, employing grounded theory within a qualitative research paradigm, discusses a study which draws on eight interviews and found that whistleblowers lack state protection because state institutions do not have the political will to protect them. These realities are associated with: 1) state organisation capacity and success, or lack of it, in whistleblower protection in the public sector; 2) the significance of legislative and regulatory measures that encourage citizens to become whistleblowers as a key deterrent against corruption; 3) the lack of operationalisation of whistleblower protection within public organisations; 4) the possibility of creative intervention strategies and tactics that would increase the role and success of whistleblowing initiatives and actions; and 5) future financial incentives in laws and regulations that could encourage whistleblowing.

THE PLIGHT OF SOUTH AFRICAN WHISTLE-BLOWERS: SEARCHING FOR EFFECTIVE PROTECTION

Daily reports in the media about the extent of corruption in South Africa and the plight of whistle-blowers who dare to report it demonstrates the inadequacy of protective measures in South Africa. The murder of whistle-blower Babita Deokaran saw other whistle-blowers go into hiding, fearing for their own safety, and calls for urgent measures to be implemented to ensure the physical safety of whistle-blowers. The United Nations Convention Against Corruption (UNCAC) contains measures that could be implemented to protect the physical safety of whistle-blowers. Currently, the only legislation specifically protecting whistle-blowers in South Africa is the Protected Disclosures Act (PDA), which only protects against detriment in the workplace. A number of other statutes provide a measure of protection, but they are fragmented and by no means adequate. A legal comparison with the United Kingdom (UK), Ireland and the United States of America (US) may provide guidelines for reform in South Africa. The UK is currently debating the Protection for Whistleblowing Bill (Bill 27) in the House of Lords to improve protection for whistle-blowers. This Bill proposes to sever the required link to employment so that any person reporting wrongdoing will be protected if certain requirements are met. Bill 27 also establishes the Office of the Whistleblower, which has wide-ranging powers to protect whistle-blowers. The Irish Protected Disclosures (Amendment) Act 2022 was amended to broaden the definition of “worker” to include persons not previously protected and to establish an Office of the Commissioner similar to the Office of the Whistleblower in Bill 27, although with limited power. Neither the UK nor Ireland requires whistle-blowers to report in good faith; the focus is on the message instead of the messenger. Financial rewards for whistle-blowers in the US have proved to be highly successful and could be implemented in South Africa. It is recommended that physical protection of whistleblowers be prioritised, that a Whistle-Blowers’ Office with wide-ranging powers be established, that protection be extended to persons outside the employment relationship, that whistle-blowers be rewarded for reporting on wrongdoing in prescribed circumstances, that the burden of proof be reversed and that the good faith requirement for protection be dropped.

Reward Expectancy and External Whistleblowing: Testing the Moderating Roles of Public Service Motivation, Seriousness of Wrongdoing, and Whistleblower Protection

Previous research has provided valuable insights into the role of rewards in motivating whistleblowing, but there are still unanswered questions regarding the conditions under which whistleblower rewards can encourage or discourage individuals from whistleblowing. This study focuses on the disclosure of grand corruption activities and employs an expectancy theory framework to investigate the relationship between reward expectancy and external whistleblowing intentions. In so doing, this study examines whether this relationship is contingent upon the influence of three relevant factors, namely, public service motivation (PSM), seriousness of wrongdoing, and whistleblower protection. Survey data were gathered from 2,710 employees in 38 government agencies in Thailand. The findings generally support the hypotheses. Specifically, the results provide evidence against the motivation crowding out effect, while highlighting the importance of situational factors in enhancing the influence of whistleblower rewards. These findings offer practical implications for how whistleblower reward systems can be designed and leveraged to enhance the motivation of potential whistleblowers.

Upholding Integrity: An Examination of Kenya's Whistleblower Law and Protection

Upholding Integrity: An Examination of Kenya's Whistleblower Law and Protection

The Whistleblower Directive : Delayed Implementation in Poland, Yet Emerging Protections for Whistleblowers. An Overview of the Court of Justice Jurisdiction

The Whistleblower Directive : Delayed Implementation in Poland, Yet Emerging Protections for Whistleblowers. An Overview of the Court of Justice Jurisdiction

국민권익위원회 조직개편과 기능강화 방안 연구

Since the founding of the Republic of Korea, corruption has been a top policy issue for any regime, but no regime has been free from corruption. With the enactment of the Anti-Corruption Act, the Korea Independent Commission against Corruption was launched in 2002 and the Anti-Corruption and Civil Rights Commission(ACRC) was established in 2008, but the investigation of corruption awareness has been stalled and major corruption cases have repeatedly erupted. In the future, anti-corruption and integrity reform tasks will continue to be the top policy tasks. Therefore, the role of ACRC is still significant.
 The purpose of this study is to examine the organizational legal history and characteristics of the Anti-Corruption, Ombudsman and Administrative Appeals of ACRC's functions, and to examine the direction of reorganization by analyzing the correlation between functions. In addition, measures to strengthen the status and function of ACRC as a general agency for anti-corruption were summarized.
 ACRC was launched by the integration of the Korea Independent Commission against Corruption, the Ombudsman of Korea and the Administrative Appeals Commission in 2008 under the new government's 'Small Government' policy stance. However, it has been pointed out that the three functions of the Anti-Corruption, Ombudsman and Administrative Appeals do not function organically through chemical fusion due to the integration of the three institutions of a heterogeneous nature.
 Analysis of the correlation between the three functions shows that the Anti-Corruption and Administrative Appeals are heterogeneous, the Anti-Corruption and Ombudsman can be fused, and Ombudsman and Administrative Appeals are different, but on the contrary, there is a possibility of a positive correlation. Therefore, the direction of government reorganization, in which ACRC, a general agency for preventing corruption, separates Administrative Appeals function and leaves Ombudsman function, can be evaluated as positive. However, if the positive correlation between Ombudsman and Administrative Appeals is considered together, an alternative to separating not only the Administrative Appeals but also Ombudsman function can be considered. However, it is not simple to move on to the question of whether to make Ombudsman a separate organization or combine it with Administrative Appeals. Legislative policy discussions on the procedures and organizational design of Administrative Appeals ans Ombudsman functions need to be preceded.
 Apart from discussions on reorganization, ACRC has been criticized for its deterioration from the president to the prime minister, undermining its status, independence and political neutrality, and lacking practical authority to realize anti-corruption functions. In order to solve these problems and strengthen the overall anti-corruption function, it is proposed to establish an independent anti-corruption organization, to include the Chairperson of ACRC in the list of Confirmation Hearings, to grant investigation rights, and to improve the whistleblower protection system.

Protection of Whistleblowers: Experiences and Perspectives

Abstract The text provides an introduction to the issue of articles on whistle-blower protection. The articles included in the separate substantive part of the issue Studies in Grammar, Logic and Rhetoric focus on the idea of whistle-blowing, as well as on the protection of whistleblowers under the Directive of the European Parliament and of the Council (EU) 2019/1937 on the protection of whistleblowers (the so-called Whistleblower Protection Directive). The texts present the issues of protection of whistleblowers from an interdisciplinary perspective, the presented themes concern law, legal history, psychology, as well as compliance and management.

The Public's Self-Avoidance and Other-Reliance in the Reporting of Medical Insurance Fraud: A Cross-Sectional Survey in China.

To understand the public's self-willingness to report medical insurance fraud and their expectations on others, to provide a reference for the government to do a good job in medical insurance anti-fraud. Data were obtained from a questionnaire survey of 846 respondents in China. Descriptive statistical analyses and multinomial logistic regression were used to analyze the different subjective attitudes of the public toward different subjects when faced with medical insurance fraud and the influencing factors. 511 (60.40%) respondents were willing to report medical insurance fraud, while 739 (87.35%) respondents expected others to report it. 485 (57.33%) respondents were willing and expected others to report medical insurance fraud, followed by those who were not willing but expected others to report it (254, 30.02%). Compared to those who were unwilling to report themselves and did not want others to report, those who believe their reporting is useless (OR=3.13, 95% CI=1.15-8.33) and those who fear for their safety after reporting (OR=2.96, 95% CI=1.66-5.26) were more likely to expect others to report. Self-reporting willingness was stronger among the public who were satisfied with the government's protective measures for the safety of whistleblowers (OR=4.43, 95% CI=1.38-14.17). The public who believe that both themselves and others have responsibilities to report medical insurance fraud were willing to report and expect others to do the same. The public had a "self-avoidance" and "other-reliance" mentality in medical insurance anti-fraud. The free-rider mentality, lack of empathy, concerns about own risk after reporting, and the interference of decentralized responsibility were important factors contributing to this public mentality. At this stage, the government should prevent the public's "collective indifference" in medical insurance anti-fraud efforts. Improving the safety and protection of whistleblowers and making everyone feel more responsible and valued may be effective incentives to enhance the public's willingness to report.

The Possibility of Establishing the Ombudsman of the Republic of Poland as a Body for the Protection of Whistleblowers Reporting Violations of European Union Law. Constitutional Issues

Abstract The purpose of this article is to analyze the constitutional considerations of the possibility of establishing the Ombudsman as a body to receive reports of violations of the law under the authority of Directive Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of whistleblowers. The results of the research lead to the conclusion of the possible admissibility of such a solution, but with the need for appropriate system changes. However, the author recommends entrusting this competence to a newly created body.

The Legal Framework of Whistleblowers’ Protection in Ukraine and in the Czech Republic

Summary The Directive (EU) no. 2019/1937 of the European Parliament and of the Council of October 23rd 2019 on the Protection of Persons Who Report Breaches of Union Law (further ‘the Directive’) was published on November 26th 2019 and went into effect in December of 2019. Considering its importance, the presented article deals with the issue of legal regulation of whistleblowers’ protection in both Ukraine and the Czech Republic. The existing Ukrainian legislation is not lacking certain deficiencies. First of all, there is the need to introduce a broad definition of the term “whistle blower” so that whistleblowers of violations of human rights, environmental standards, food safety and household items, public interests, etc. were also subject to protection. As for the Czech Republic, from an analysis of the Act on the Protection of Whistleblowers, it is clear that this Act is obviously a failed result of the Directive’s transposition.

A New Perspective on the Protection of Whistleblowers Under Echr: Halet V Luxembourg

Abstract The Luxleaks scandal, which had garnered widespread attention in 2014 and implicated A. Deltour and R. Halet, has taken a significant turn with the recent publication of the Grand Chamber’s decision in favour of Mr Halet. Initially, Deltour was officially recognised as a whistleblower by the European Court of Human Rights (ECtHR) in defence of the actions he took, while Halet faced condemnation for lacking whistleblower status. Halet had previously brought his case before the ECtHR, alleging a violation of his right to freedom of expression. However, the ECtHR’s judgment in February 2023 ultimately upheld the right to freedom of expression, marking a pivotal moment in this legal saga. The judgment itself focused on two critical criteria for safeguarding whistle-blowers within the framework of freedom of expression: assessing the damage caused to the employer and determining whether such damage could be outweighed by the public interest, as well as evaluating the severity of the imposed sanctions. This contribution aims to provide a critical assessment of the Luxleaks case up until the the ECtHR’s Grand Chamber decision. As this analysis will argue, the judgment holds immense significance as it introduces a fresh perspective on the notions of damage and public interest in the context of the Court’s established jurisprudence concerning whistleblower protection.

The (Legal) Status of a Whistleblower in Poland. Selected Issues

Abstract The Republic of Poland is one of the European Union countries that have not yet implemented Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of EU law (Journal of Laws EC L 305/17 of November 26, 2019). Even though signalling illegal acts is a more and more common occurrence and the social perception of such behaviours is also changing, the “whistleblowers” are not under any legal protection in Poland. In the Sejm of the 9th Term of office, legislative work is underway to pass the act on the protection of persons reporting violations of the law. This will be a legal act containing comprehensive legal protection of whistleblowers. In hereby publication the author focuses on presenting the role of whistleblowers in preventing law violations by employers in the current legal state. In the next part, the above-mentioned draft act is analyzed in terms of provisions ensuring the protection of persons who disclose irregularities. Numerous tragic incidents which could have been avoided if people that were aware of irregularities could safely reveal the information are evidence of how needed an act on whistleblower protection is. The author cites examples of the sinking of the MF Herald of Free Enterprise ferry and the Deepwater Horizon platform as well as the methane explosion in the Halemba mine in Ruda Śląska.

Whistleblowers - the evolutionary retrospective of the institution in the national legal regulations

Whistleblowers as an institution in the national legal system have already existed for 10 years. For the Republic of Moldova, as for any democratic state, the existence of such a right is a manifestation of the rule of law, an intact state and the pro-integrity oriented regime. Whistleblowers have endured certain changes, additions and improvements. They target several areas, including the introduction of rules related to the protection of integrity whistleblowers. The legal norms regarding the protection of the integrity whistleblower form a distinct legal institution, generating a separate category of legal relations. Being multifacetedly improved, the institution of integrity whistleblowers requires some adjustments that were mentioned following the comparative analysis of the institution in the national legal regulations and outlined in this article.

The Internal Reporting Procedure for Breaches of Law and the Protection of the Entrepreneur’s Interest

Abstract Directive 2019/1937 comprehensively regulates the issue of reporting violations of the law and the protection of persons making such a report. The EU legislation formulates obligations regarding the establishment of channels and procedures for making internal reports, setting the framework for such a procedure and leaving it to national legislatures to specify it. The Polish legislature took action in this regard by preparing the draft Act of 5 January 2023 on the protection of persons reporting violations of the law. Due to the sensitivity of the matter, the implementation of formal mechanisms for reporting irregularities in the workplace is undoubtedly associated with many challenges. Most often in this context, challenges related to ensuring sufficient whistleblower protection are mentioned. Meanwhile, it also seems necessary when implementing such procedures to notice the challenge of the protection of entrepreneurs’ interests. A number of solutions included in the Polish draft act raise doubts and objections as to the correct implementation of the EU directive.

The implementation of a whistleblowing system as an anti-corruption initiative in Indonesian government institutions

Whistleblowing is viewed as a powerful tool to identify corruption. Apart from motivation, beha-viour, and the rights of whistleblower protection, as success factors of whistleblowing programs, current research argues that it is hard to expect the emergence of whistleblowers if channels to report wrongdoing do not exist. Hence, the purpose of this study is to explore and explain the provision of whistleblowing policy and the range of whistleblowing systems and their channels as an anti-corruption initiative in Indonesian government institutions. The research utilised content analysis from secondary data and analys-ed primary data obtained through online survey completed by government auditors working in Indonesian government institutions. Indonesia has at least 618 government institutions, whereby the researcher chose the most “valuable” sample based on a hierarchy of 104 institutions from central government and provincial level; it excludes government institutions at the district and municipal level, 44 questionnaires were returned and usable (42% response rate). The research found that from these institutions, just a few have had a policy that aligned with international best practice, some were not even backed up by a policy at all. It appears that many institutions have built a whistleblowing system for lip service only; they do not provide a comprehensive policy to protect the witness, handle the report, or guarantee an investigation. Research outcomes are expected to encourage the Indonesian government to extend whistleblowing provisions in their institutions. This study can be useful as well for government institutions to get a general idea of the common content of whistleblowing policies.

The Role of Internal Audit Units in Managing Corruption Risksin Egyptian Government Authorities

Corruption, a persistent global challenge, undermines public trust, hinders development, and erodes the credibility of government institutions. This research examines the vital role of internal audit units (IAUs) in mitigating corruption risks within government authorities. Drawing on case studies and relevant theoretical frameworks, we explore how IAUs, through their independent and objective assessments, can contribute to enhancing transparency, accountability, and ethical conduct within government bodies. We analyse how IAUs, by evaluating internal controls, financial processes, and procurement practices, can identify vulnerabilities, detect potential irregularities, and recommend corrective measures to minimize opportunities for corruption. Further, we investigate the effectiveness of various IAU methodologies in combating corruption, including data analytics, fraud risk assessments, and whistle-blower protection mechanisms. The research also critically examines the challenges faced by IAUs, such as lack of independence, inadequate resources, and political interference. Finally, we propose recommendations for strengthening the effectiveness of IAUs in preventing and detecting corruption, including enhanced collaboration with external oversight bodies, capacity building for internal auditors, and fostering a culture of integrity within government institutions. Keywords: Internal Audit – Corruption Risks – Government Authorities.

The Role of Internal Audit Units in Managing Corruption Risksin Egyptian Government Authorities

Corruption, a persistent global challenge, undermines public trust, hinders development, and erodes the credibility of government institutions. This research examines the vital role of internal audit units (IAUs) in mitigating corruption risks within government authorities. Drawing on case studies and relevant theoretical frameworks, we explore how IAUs, through their independent and objective assessments, can contribute to enhancing transparency, accountability, and ethical conduct within government bodies. We analyse how IAUs, by evaluating internal controls, financial processes, and procurement practices, can identify vulnerabilities, detect potential irregularities, and recommend corrective measures to minimize opportunities for corruption. Further, we investigate the effectiveness of various IAU methodologies in combating corruption, including data analytics, fraud risk assessments, and whistle-blower protection mechanisms. The research also critically examines the challenges faced by IAUs, such as lack of independence, inadequate resources, and political interference. Finally, we propose recommendations for strengthening the effectiveness of IAUs in preventing and detecting corruption, including enhanced collaboration with external oversight bodies, capacity building for internal auditors, and fostering a culture of integrity within government institutions. Keywords: Internal Audit – Corruption Risks – Government Authorities.

2023/29 Labour Tribunal of Brussels rules out dismissal for serious cause based on whistleblower protection prior to the implementation of the Whistleblowing Directive (BE)

2023/29 Labour Tribunal of Brussels rules out dismissal for serious cause based on whistleblower protection prior to the implementation of the Whistleblowing Directive (BE)