This Anti-Corruption Helpdesk brief was produced in response to a query from the European Commission. The Anti-Corruption Helpdesk is operated by Transparency International and funded by the European Union.
Query
What are the new trends of best practices in whistleblower protection legislation? Have there been recent assessments or in-depth reviews of whistleblower legislation? Is there legislation regarding whistleblower protection in place in the Western Balkan countries?
CONTENT
1. Recent trends of best practices in whistleblower protection legislation
2. Examples of good practice in whistleblower protection legislation
3. Overview of whistleblower legislation in the Western Balkans
4. References and recommended reading
SUMMARY
Attention towards whistleblower protection has grown considerably in recent years. More countries worldwide are considering adopting, or have adopted, laws aimed at protecting whistleblowers.
A consensus is being developed in the international community regarding what constitutes basic best practices and principles in whistleblower legislation. Emerging principles include a broad definition of whistleblower that protects public and private sectors as well as volunteers, contractors and trainees; and protection from all forms of retaliation and discrimination against whistleblowers. Clearly communicated internal and external disclosure channels, including anonymous reporting, should also be made available to all employees. Whistleblowers should be granted the right to confidentiality, to receive advice on their rights, to receive appropriate compensation from damages resulting from retaliation, including interim remedy, as well as to a fair review of retaliation cases against them.
South Korea, Slovenia and Ireland recently adopted or are discussing new laws on whistleblower protection that are generally perceived as good practice. In the Western Balkan region, only Albania currently has some provisions for protecting public sector corruption whistleblowers. Kosovo, Macedonia, Serbia and Montenegro have opted for mentioning whistleblower protection in sector-specific laws.
Authors
Agatino CamardaReviewers
Marie Chêne, Mark Worth, Transparency International, [email protected]Date
11/11/2013
