Transcript G20 XXXXXXX - РАНХиГС

WHISTLEBLOWER PROTECTION
LESSONS FROM G20 COUNTRIES
Compendium of Best Practices and Guiding
Principles for Legislation
János Bertók
Head of Public Sector Integrity Division, OECD
Moscow, 20 November 2013
Key concepts
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Definition
Disclosures connected to the workplace
Public interest dimension
Not to be confused with witness protection
Objective to encourage reporting of
wrongdoings (detect and deter)
International Sources
• United Nations Convention against Corruption (Arts. 8, 13
and 33)
• Council of Europe Civil and Criminal Law Conventions on
Corruption (arts. 9 and 22 respectively)
• 2009 OECD Recommendation for Further Combating Bribery
of Foreign Public Officials in International Business
Transactions (Section IX.iii and Section X.C.v)
• 2003 OECD Recommendation on Guidelines for Managing
Conflict of Interest in the Public Service
• 1998 OECD Recommendation on Improving Ethical Conduct
in Public Service (Principle 4)
• ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
Action Plan (Pillars 1, 2 and 3)
• G20 Guiding Principles on Whistleblower Protection
Legislation
National Sources
• Dedicated legislation (e.g. Australia, Canada,
Japan, South Africa, United Kingdom, United States)
• Provisions in one or more laws
– Criminal laws or codes
– Labour laws or codes
– Anti-corruption laws
– Laws regulating public servants
G20 Guiding Principles on
Whistleblower Protection Legislation
1.
Clear legislation and an effective institutional framework are in place
to protect from discriminatory or disciplinary action employees who disclose
in good faith and on reasonable grounds certain suspected acts of wrongdoing
or corruption to competent authorities.
2.
The legislation provides a clear definition of the scope of protected
disclosures and of the persons afforded protection under the law.
3.
The legislation ensures that the protection afforded to whistleblowers is
robust and comprehensive.
4.
The legislation clearly defines the procedures and prescribed channels
for facilitating the reporting of suspected acts of corruption, and
encourages the use of protective and easily accessible whistleblowing channels.
5.
The legislation ensures that effective protection mechanisms are in place,
including by entrusting a specific body that is accountable and empowered
with the responsibility of receiving and investigating complaints of retaliation
and/or improper investigation, and by providing for a full range of remedies.
6.
Implementation of whistleblower protection legislation is supported by
awareness-raising, communication, training and periodic evaluation of
the effectiveness of the framework of protection.
Main Elements: Clarity and Comprehensiveness
• Institutional framework, procedures and
channels for reporting wrongdoing
• Persons afforded protection
• Subject matter of protected disclosures
• Retaliatory actions
• Institutional mechanisms and robust and
comprehensive protection
• Awareness-raising and communication
The Way Forward
• Shift in culture and pay attention to
barriers: What challenges are you facing?
• Measuring performance: What data is
available on reporting and protection of
whistleblowers?
• How can the OECD help?