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Whistleblower Protections: A Guide
There has been growing recognition in recent years of the public importance of whistleblowers and the misconduct they reveal. In response, several jurisdictions have developed comprehensive regulatory schemes aimed at protecting and even incentivising such individuals. Yet there remain many countries that afford little or no protection to whistleblowers and continue to perpetuate a culture of distrust and retaliation. Moreover, in those states that do afford legal protections to whistleblowers, there are often large gaps in the scope and application of the law that adversely limit their effective operation. Even in jurisdictions with robust whistleblower protection laws, lack of cultural acceptance can render the formal rights ineffective.
This report addresses these limitations, identifies the fundamental principles underpinning effective whistleblower regulations, and highlights the important role played by governments and organisations in protecting whistleblowers. In doing so, this report provides a commentary and offers guidance to: jurisdictions, on the elements necessary to develop and improve legislative frameworks on whistleblower protection to make them more comprehensive, effective and robust; and organisations, on the elements relevant to developing and implementing internal whistleblower protection policies and procedures. Prepared by some of the world’s leading authorities on whistleblower protection, this report – coordinated by the International Bar Association’s Legal Practice Division and Legal Policy and Research Unit – offers timely guidance on a topic of international importance.