by Professor Rose-Marie Belle Antoine
Pro Vice-Chancellor Graduate Studies & Research
The advent of whistleblowing legislation before Parliament, the third attempt, is a welcome initiative. Legislation to encourage and protect whistleblowers to counter corruption and wrong-doing in public and public enterprises is a relatively new, but important phenomenon worldwide, recognised, e.g. in the United Nations Convention against Corruption.
Whistleblowing is not only about corruption relating to financial dealings. It can embrace a wide array of activities that threaten the society and its development. Think Erin Brockovich for example. Law is needed because the weight of existing legal norms militates against persons coming forward to report wrongdoing, siding with the employer, leaving the whistleblower vulnerable, although principled. This needs to be rectified if we are serious about protecting our democracies.
Is the proposed legislation perfect? No. such laws are notoriously difficult to conceptualise. Diverse interests and objectives compete. The whistle-blower’s rights to, freedom of expression and fair labour practices clash with rights to reputation and fair treatment of the complainee. Further, there is the general objective of eliminating corruption, strengthening transparency and accountability within the public sector and society.
Such laws require balance - a curtailment of some individual rights to protect other rights in the public interest. In the UK,...
Jake Tapper said that CNN would continue to report the news ‘no matter how many lies this administration or the Iranians tell’ Bookmark popover Your support helps us to tell the storyRead moreSuppo...