Keeping Pace: Whistleblowing and the Response of Government Mark Worth Project Manager International Whistleblower Project

Re-visiting Whistleblower Protection OECD, Paris, 17 June 2014

Post hoc ergo propter hoc US: Whistleblower Protection Act, 1989 (“Challenger Law”)

UK: Public Interest Disclosure Act, 1998

South Africa: Protected Disclosures Act, 2000

Rep. of Korea: Protection of Public Interest WBers Act, 2011

France: public health / environment WBer law, 2013

India: Whistle Blowers Protection Act, 2014

Ireland: Protected Disclosures Bill, 20??

Why?

Cultural change – or a change in political reality?

Intention => implementation

Seize the opportunities

Whistleblower Protection Rules in G20 Countries:

The Next Action Plan

G20 countries: public sector laws

G20 countries: private sector laws

G20 Scorecard Most WBer laws for government and corporate employees lack: adequate internal and external disclosure channels opportunities for anonymous reporting agency to investigate disclosures and complaints transparent / accountable enforcement of laws

Plus, most WBer laws for corporate employees lack: confidentiality guarantee penalties for retaliators

Most WBer laws for government and corporate employees include: protections from a wide range of retaliation broad definition of who is a “whistleblower” options to report internally or to government regulators “reasonable belief” threshold

Redemption Reinstatements, protections, compensation

South Africa: “Mrs. M”, 2011 / Kobus Roos, 2014

Nigeria: Laurence do Rego, 2014

Ireland: Louise Bayliss, 2012

Malaysia: company finance staffer, 2014

Rep. of Korea: waste disposal worker

Redemption Reinstatements, protections, compensation

Japan: Masaharu Hamada, 2012

BiH: 2 WBers granted protection, 2014

Slovenia: 5 WBers granted protection, 2010-12

UK: o Jon Fayle, 2013 o Martin Morton, 2011 o Margaret Haywood, 2009 o Robert Watson, 2008

Redemption Reinstatements, protections, compensation

US: Franz Gayl, 2011 OSHA cases:

o injured railroad worker, 2014 o waste vehicle safety, 2014 o airplane emergency landing, 2013 o truck driving duration, 2013 o Sarbanes-Oxley, 2013 o unsafe drinking water, 2012 o lead overexposure, 2012

How? • Media exposure –> journalists as de facto supporters

• Changes in public opinion / perceptions

• Public support –> political cover to politicians

• Gateway: it only takes one – have to go through it

• Governments are adapting / training themselves

Keeping Pace • Strategy for change: bottom-up / top-down

• Learning / Telling / Doing

There has been a time

in the evolution of everything when it didn't work.

Mark Worth markworth@blueprintforfreespeech.net (+49) 176 630 94993 (Berlin)