Protecting the Guardians of Truth: A whistleblower's dream

Corruption is insidious, especially in the face of resilient anti-corruption efforts. Developing nations continue to feel the brunt of the many debilitating effects of this scourge. Failing public health, education and economic systems and poor infrastructure are among some of the familiar sceneries of these impacts.

Efforts from all fronts are not yielding the desired results, with Ghana’s stagnant 43/100 score and 70th (out of 180 countries) ranking on the Corruption Perception Index. The ballooning cost of Petty and Grand Corruption despite resources channelled towards fighting corruption.

Stakeholders have proposed a plethora of reforms and approaches in tackling corruption including legal reforms.

Currently, African leaders are being urged to adopt the African Union Convention on Preventing and Combating Corruption and set up the International Anti-Corruption Court. This will address the exigencies of unwilling African governments to prosecute corrupt officials and cater to gaps in national Anti-Corruption laws.

In the mix, however, are the forgotten Heroes of the corruption fight; Whistleblowers!
The African Union (AU) Assembly declared the 11th of July of every year as the “African Anti-Corruption Day”, with a focal theme on the Protection of Whistleblowers.

In the early 1970s the phrase 'whistleblower' was coined to replace the words 'snitch' and 'informer,' deemed unsavoury by U.S civic activist Ralph Nader (Bamgbose, 2021).

The word's origins, however, date to the 19th century and were linked to the use of a whistle to alert the public about problems including breaking rules or committing a crime. Sports referees and law enforcement officials were attached to the word due to their usage of the whistle in drawing attention to the offences.

Whistleblowers are the unsung heroes of a world fraught with secrecy, hidden agendas and corruption, which is perhaps, one of the world’s most difficult crimes to prove.

They safeguard democracy by exposing wrongdoing and holding the powerful accountable.
While assuming roles as society’s conscience, they also have a crucial mandate to uphold transparency and justice.

Challenges

Whistleblowers face a significant number of risks and personal hardship when they decide to step forward. A former employee of Pilatus Bank, Maria Efimova, provided information to journalist, Caruana Galizia in 2017, revealing that a secret Panama-based company belonged to JounMichelle Muscat, the wife of Malta’s former Prime Minister, Joseph Muscat.
Efimova’s evidence helped the journalist’s investigation which revealed illegal activities on the island.

Maria Efimova, her husband, and her two children however, fled Malta, eventually seeking refuge in Greece soon after Caruana Galizia was killed, six months after she published her story.

It is imperative that we not only appreciate whistleblowers’ courage but also provide robust protections to ensure their safety and encourage others to follow suit.

The act of whistleblowing is an act of moral courage. It is the willingness to stand up against unethical or illegal activities, often at great personal cost, in the interest of the greater good. Whistleblowers shed light on corporate fraud, government misconduct, environmental violations, and a myriad of other abuses of power. Yet, despite the immense value they bring to society, whistleblowers are frequently subjected to retaliation, harassment, and legal threats.

To nurture a culture of transparency and accountability, comprehensive provisions for the protection of whistleblowers are essential. These provisions should encompass several key elements:

Protection

Fortunately, several countries including Ghana have Whistleblower protection laws that safeguard individuals who report misconduct from retaliation by their employers.
In fact, section 17 (1)(2) of the Whistleblower ACT makes provision for their physical protection.

Whistleblower ACT in totality makes provision for “ the manner in which individuals may in the public interest disclose information that relates to unlawful or other illegal conduct or corrupt practices of others; to provide for the protection against victimisation of persons who make these disclosures; to provide for a Fund to reward individuals who make the disclosures and to provide for related matters,” according to the legislation.

These laws are expected to shield whistleblowers from retaliation in all its forms, including job loss, harassment, and blacklisting. A well-defined legal framework should also establish clear procedures for reporting misconduct and seeking redress.

Making Whistleblowing a worthwhile venture

Multiple reporting channels, including those that guarantee the anonymity of whistleblowers can foster their confidence in coming forward. It does not only allow them to share vital information, but also protects their identities.

Whistleblowers often face financial strain due to legal fees and lost income. Providing financial support, such as legal assistance and compensation for lost wages, can mitigate these burdens.

There also exists a reward Fund as specified in Part 4, Sections 14, 20, 22, 23, and 24 of the Whistleblower ACT to provide funds for payment of monetary rewards for whistleblowers.

Public awareness and education on the significance of whistleblowers globally, catayses the reduction of stigmatization and creates a supportive environment for them whenever they choose to speak up.

Whistleblowers play pivotal roles in our society, acting as guardians of truth and justice. They deserve our support and protection. As we observe the “African Anti-Corruption Day”, it is imperative that we support the effective implementation of these comprehensive provisions for whistleblowers’ protection. This will not only honour their courage but also fortify the foundation for a more equitable and accountable society.

Source: GHT
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