This document discusses whistleblower protection legislation and mechanisms. It defines whistleblower protection as protecting public and private sector employees who report suspicions of corruption in good faith from retaliation. Whistleblower protection encourages reporting of misconduct and increases accountability. Legal sources of protection include anti-corruption, labor, and securities laws as well as international agreements. Effective protection mechanisms prevent retaliation, ensure confidential reporting procedures, and provide enforcement and remedies for retaliation. Challenges to protection include lack of awareness, fear of reprisals, and cultural barriers, which can be addressed through education and fostering a transparent organizational culture.

1. Whistleblower Protection
Legislation and Mechanisms
Leah Ambler
Anti-Corruption Division
OECD
Leah.Ambler@oecd.org

2. Overview
-
Defining Whistleblower Protection
Benefits to Combating Corruption
Legal Sources
Main Features of Protection
Mechanisms
- Private Sector Protection
- Challenges to Overcome

3. Whistleblower Protection
• “Protection from discriminatory or
disciplinary action public and private
sector employees who report in good faith
and on reasonable grounds suspicions of
corruption to competent authorities”
• Not to be confused with:
– Witness Protection

4. Use in combating corruption
• Encourages reporting of misconduct, fraud
and corruption;
• Decreases corruption risks;
• Increases detection of corruption;
• Creates a more accountable workplace;
• Helps authorities monitor compliance with
anti-corruption laws.

5. Legal Sources
• Sectoral laws, e.g. anti-corruption laws, labour law,
employment law, companies and securities laws,
environmental protection laws.
• Specific dedicated laws, e.g. comprehensive
whistleblower protection laws, public interest
disclosure laws.
• International anti-corruption instruments, e.g.
UNCAC, Council of Europe Civil and Criminal Law
Conventions on Corruption, OECD Anti-Bribery
Convention.

6. Features of Whistleblower Protection
Mechanisms
Mechanisms for
Protection:
– Protection against
retaliation
– Protection against
civil and criminal
liability
– Anonymity and
Confidentiality
– Burden of Proof

7. Features of Whistleblower Protection
Mechanisms
Reporting
Procedures:
– Prescribed
channels for
reporting
– Hotlines
– Incentives

8. Features of Whistleblower Protection
Mechanisms
Enforcement
Mechanisms:
– Oversight and
Enforcement Authorities
– Availability of Judicial
Review
– Remedies and Sanctions
for Retaliation

9. Features of Whistleblower Protection
Mechanisms
Awareness-raising and Evaluation
Mechanisms:
• Promotion within places of employment;
• Legal requirements for employers to keep employees
informed of whistleblower mechanisms;
• Periodic evaluation of effectiveness of whistleblower
protection system;
• Surveys

10. Private Sector Protection Mechanisms
• Domestic laws with
comprehensive coverage of
protected persons, e.g.
Japan, Korea, United
Kingdom, United States.
• Voluntary measures taken
by private sector
• Impact of introduction of
comprehensive anti-bribery
laws, e.g. UK Bribery Act.

11. Challenges
• Insufficient knowledge of
law
• Fear of reprisals
• Lack of meaningful
implementation of the
law
• Confidentiality / loyalty
provisions
• Cultural, historical
barriers

12. Overcoming Challenges
• Education
• Awareness-raising of rules
and procedures
• Ensuring effective protection
is provided
• Creating an organisational
culture of transparency
which supports
whistleblowing