Whistle-Blowing and Its Importance
Average Barbadians can help to fight corruption
As Barbadians become more aware of various forms of corruption and their harmful effects, many citizens are now concerned about how these corrupt practices can be minimized. For this to be achieved, first and foremost we must know when and where corrupt practices are occurring. This is where Barbadians can play an active and significant role in addressing the problem, as many may encounter regular instances of corruption in their working environments. Witness accounts which exposes wrongdoings are an invaluable tool in the fight against corruption as often corruption goes unchallenged and unpunished when people fail to speak up.
The importance of whistle-blowing legislation
Although Barbadians are not known to be tightlipped and would be willing to expose wrongdoings, in the absence of protections when sharing information, they instead remain silent fearing possible retaliation. If we as a country are sincere about establishing effective anti-corruption mechanisms, laws which encourage and recognize those among us who are willing to speak up in the public’s interest must be agitated for.
Laws such as whistle-blowing legislation would be required as part of the framework needed to protect well-intentioned individuals, who honorably seek to improve the ethical climate and restore confidence and integrity in our governing institutions. Whistle-blowing is the act of reporting wrongdoings like corruption in work environments with the goal that reporting will lead to positive change. Exposing these wrongdoings are necessary as misconduct, dishonest and illegal activities can cost tax-payers millions without the culprits being held to account. Such legislation would prove to be invaluable since insomuch as other laws and policies dealing corruption exist, employees’ information and observations are often the best and last line of defense when seeking to curb corruption.
What effective whistle-blowing legislation would look like
In the event of wrongdoings, the chances that persons will come forward is unfortunately low as many factors would deter them. Faced with the small size of Barbados, the close relationships among people and the dependence on government, freedom of expression can often be hampered. It is therefore necessary that whistle-blowing legislation contain provisions which would allow whistleblowers to feel secure and confidence in their disclosure.
International and regional approaches as practiced in the U.K, U.S and Jamaica, requires that disclosing wrongdoings can be done confidentially or anonymously to minimize the risk of potential victimization. Further, although persons are generally willing to do the right thing by disclosing, they can be deterred by their lack of trust in authority, particularly when those authorities are the offenders. The Public Disclosure Act in the United Kingdom mitigates these concerns as the Act allows for wide, accessible and reliable channels for external disclosure including; attorneys-at-law, ministers of the crown, compliances offices, anti-corruption commissions and law enforcement.
Additionally, regional examples such as Jamaica also gives whistle-blowers a sense of protection as seen with Protected Disclosure Act. When an employee has reason to believe that they have been unfairly dismissed as a result of their disclosure, the burden of proof rest upon the employer to prove that the dismissal was not a result of whistle-blowing. Under the Public Disclosure Act in the U.K, employees can proceed even further than in Jamaica as complaints can be lodged with an employment tribunal.
Comprehensive whistle-blowing legislation should also provide avenues for persons who themselves may have engaged in illegal activities but seek atonement. The granting of immunity can be useful in these instances as these employees have valuable insider information that could uncover corrupt dealings. As generous as such a provision appears to be, the reality is that whistle-blowing is not common within Barbadian culture and efforts to change this should be endorsed.
Fighting the culture of silence over corruption
Barbadians are often faced with an oddity where silence; with the knowledge of wrongdoings, is rewarded while reporting can be professionally costly. If the culture of silence in the face of corruption is to be discouraged, reporting wrongdoings must be a seamless process where whistle-blowers are protected from retaliation and even criminal prosecution. Abating this culture of silence would also mean that potential whistleblowers must be confident that disclosure would lead to institutional changes and that perpetrators will be held accountable. Holding persons accountable emphasizes the need for investigating the allegations made by whistle-blowers as failure to do so would likely prevent future whistle-blowing and would allow corruption to persist. Furthermore, measures such as compensation and rewards for disclosure must also be a part of a whistle-blowing framework. When operating within a culture of silence, appealing to citizen’s sense of duty to expose corruption in the public’s interest may not produce the intended result given the potential risk and trouble of blowing the whistle. Therefore, additional incentives are required as seen within the U.S where whistleblowers are rewarded with a percentage of the monies that is recovered due to foiling corrupt practices.
The importance of the private sector in developing whistleblowing legislation
Efforts at curbing government corruption visa vie whistle-blowing legislation should also include significant input from the private sector. Corruption is generally viewed as a public-sector issue, but it must be recognized, that public sector corruption is often a joint activity between the private and public and effective whistle-blowing legislation demands their involvement. The private sector must be reminded that it is equally vulnerable to the ills of corruption as it can destroy shareholder value and threaten enterprises’ development. Therefore, given the common threat of corruption, private sector interest should be compelled to support and assist in developing national whistleblowing legislation as well as their own internal whistleblowing policies.
Build on the principles outlined in the Prevention of Corruption Act
The ability of citizens to speak up about wrongdoings and what transpires afterwards, lies at the very heart of whether our institutions are mature enough to expose corrupt behavior and institute necessary corrective measures. The absence of effective measures such as whistle-blowing legislation to facilitate this practice undermines principles of transparency, integrity and accountability; all necessary attributes needed for good governance. These principles are already set out in the Prevention of Corruption Act, which speaks to lawful and protected disclosure of illegal actions such as corruption. Although these provisions within the Act must be further developed, there remains a great urgency to proclaim the legislation; if only in parts, to ensure that citizens can help to safeguard their own democracy.
Recommendations on how citizens can get involved
For concerned Barbadians who want to contribute to anti-corruption efforts, in the event of knowledge of wrongdoings, reporting options do exist. These include; Crime stoppers, Financial Intelligence Unit, the Police Complaints Office, The media, an Attorney-at-law and a union or HR representative.
Recommendations for legislators
- Re-affirm their commitments to advancing and accelerating anti-corruption measures through effective legislative and policy initiatives
- Proclaiming the Prevention of Corruption Act, while enhancing provisions within the Act such as protected disclosure; among others
- Meet and consult with all necessary stakeholders to educate on, sensitize to and draft whistle-blowing legislation and policies
- Issuing progress reports and definitive time-lines for completion