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Whistleblower protection country league tables released
Chris Hamblin
Clearview Publishing
18 June 2014
The majority of whistleblower protection
laws in G20 countries fail to meet best international standards, despite those
countries' pious promises to shield whistleblowers from retaliation, a new report
has found. In 2010, the G20 countries declared that by 2012 they would have
taken adequate legal steps to protect people who 'went public' with tales of
abuse and criminal behaviour on the part of their employing firms from
retaliation by those firms and to provide them with safe, reliable ways in
which to report corruption, fraud and other crimes to their employers and to
the wider world. The report, entitled Whistleblower Protection
Rules in G20 Countries: The Next Action Plan, has been released in the
build-up to the G20 summit to be held in Brisbane
in Australia
later this year. It says that few states have introduced the following
requirements, which it summarises in the following words. “A three-tiered system of reporting
channels, including clear external avenues to third parties such the media,
Members of Parliament, non-governmental organisations and labour unions where
necessary; anonymous channels to get those who know about corruption in the
door to auditors or regulators, in the first instance; and internal disclosure
procedures, the mechanisms by which organisations public or private adapt
whistleblower protection principles to their own environment.” The report is the first independent
evaluation of all G20 countries’ whistle-blowing laws for both the private and
public sectors. It was researched by an international team of experts from both
civil society and academia (see below). It scores the G20 countries’ laws (giving
them a 1, 2 or 3) across a range of criteria that pertain to whistleblower-protection
and includes comparison tables for laws that govern public and private sector
disclosures. The University
of Melbourne is the
driving force behind the report. It is perhaps not a coincidence that the
report gives Australia
the best score for public sector protection laws, although that country only
offers middling protection in the private sector. Contributions also come from
Blueprint for Free Speech and Griffith
University. Under 'reporting channels, internal and
regulatory' the score is a woeful 3 (absent) for Russia, Canada, Saudi Arabia,
India, Mexico, Brazil and Germany, a middling 2 (partially comprehensive) for
Italy, Argentina, Australia, Turkey, Indonesia, Japan, China and (presumably
south) Korea and a glowing 1 (very or quite comprehensive) for France, South
Africa, the UK and the US. Under 'external reporting channels, third-party
or public', however, the score is only 3 for Russia,
Canada, Saudi Arabia, India,
Mexico, Brazil and Germany. It is 2 for Italy, Argentina,
Australia, Turkey, Indonesia,
Japan, China and (presumably south) Korea and 1 for France,
South Africa, the UK and the US. The 'best practice criteria' for the
evaluation of these laws rests on such things as comprehensive requirements for
organisations (such as financial firms) to have internal disclosure procedures
(reporting channels, internal investigation procedures); requirements for
transparency (such as annual public reporting or provisions that override
confidentiality clauses in settlements between employer and employee);
protection against a broad gamut of retaliation, with laws granting the
whistle-blower relief from legal liability/prosecution, direct reprisals,
adverse employment action and harassment; oversight by an independent
whistleblower investigation/complaints authority or tribunal; and a broad
definition of “whistleblowers” that includes employees, contractors, volunteers
and other insiders.