Whistleblowers Need Adequate Protection
The introduction of whistleblowing provisions in the Integrity in Public Life bill is an initiative that has generated considerable interest and discussion. Whistleblowing is the disclosure by organization members of illegal, immoral or illegitimate practices to persons or organizations that may be able to effect action. For this reason, whistleblowing is perceived as a mechanism that can enhance accountability and honesty in organizations, and create change by deterring and detecting wrongdoing.
Barbadian culture and whistleblowing
This public’s interest in whistleblowing should come as no surprise as it is an unfamiliar concept in the context of Barbados. Some of this interest may also be due to the perception that whistleblowing is inconsistent with Barbadian workplace culture. This culture is partially based on institutional order, solidarity and working towards common goals. From this perspective, attempts at whistleblowing can be risky since whistleblowers are likely to be seen as troublemakers that threaten institutional creditability and security.
The risk of whistleblowing
This perception of whistleblowers potentially exposes them to retaliatory actions including coercion to withdraw accusations, isolation, character defamation and dismissal. These actions should concern potential whistleblowers and policymakers alike. Whistleblowers must be aware of the possible personal cost for coming forward, whereas the task for policymakers should be to reduce the potential for retaliation, as it would be a deterrent for disclosure.
Protecting whistleblowers
As it stands, the Integrity in Public Life bill is inadequate regarding whistleblower protections and these inadequacies ought to be addressed. Provisions that are absent from the bill include matters relating to where the burden of proof should lie when whistleblowers are faced with retaliatory actions. Jamaica’s Protected Disclosure Act provides a useful model in this regard. Under the Act when an employee suffers retaliation after disclosure, it is legally presumed to be a consequence of that disclosure, and unless that employer can prove otherwise, he/she has committed an offense.
Reducing instances of potential retaliation will also require provisions for confidential and anonymous disclosure. The relevance of these provisions are captured in a 2016 local study, by Dr. Philmore Alleyne, who researched the sentiments of accounting employees towards aspects of whistleblowing. Part of the findings highlighted that in relation to reporting wrongdoing to relevant authorities, the highest percentage of participants (63.8 per cent) preferred to convey wrongdoing to anonymous and confidential channels. These results give some indication that the likelihood of disclosure will be dependent upon whether confidential and anonymous provisions exist.
Additional protections needed
The study also emphasizes additional concerns that can affect the success of the whistleblowing provisions. Even with the inclusion of confidentiality and anonymity stipulations, references were made to the perception that these features would be ineffectual due to Barbados’ small size and the social intermingling among its people. If potential whistleblowers are concerned that their confidentiality would be at risk, this can also reduce the likelihood of disclosure. Remedying these concerns will require legislative provisions, administrative safeguards and educational initiatives.
As a means to enhance the bill, provisions should be made where those who are responsible for the concealment of confidential information ought to face strict penalties when information breaches occur. Administratively, inventions that allow whistleblowers to be incognito, possibly through the use of pseudonym or other means are also recommended. Equally as important are educational initiatives that provide employees with the necessary information regarding the rights of whistleblowers and the protections and fail-safes that exist.
Protect private sector employees
To improve the effectiveness of the legislation, protections ought to be extended to person in the private sector, since acts of corruption in this sector can be performed in conjunction the public sector. Therefore, an employee within a private sector entity may have the means to detect and disclose acts of wrongdoing within the public sector.
Cultural norms and concerns should always be considered when drafting sound legislation. As such, if the whistleblowing aspects of this bill are to be effectual, foremost it must emphasize adequate protective measures that can allow potential whistleblowers to feel secure in their disclosure.