Proposed whistleblower law provides no protections for whistleblowers

By Yasmine Motarjemi and Alison Glick

13053457-hand-print-of-swiss-flag-colorsSWITZERLAND — The proposed whistleblowing law that has been adopted in the Swiss Conseil des Etats, the upper house of parliament, will effectively silence employees who are best placed to report wrongdoing and threats to the public interest. The proposed law, which focuses on whistleblowing procedures rather than on the public interest value in the information, offers no protections for whistleblowers. It also prohibits the disclosure of information to the press, except when the regulatory authorities do not reply within two weeks to the whistleblower. The proposed law now will be considered by the Conseil National, the parliament’s lower house.

The law’s restrictions on public disclosures and lack of protections leave whistleblowers at the mercy of both their employers, who often retaliate against them, and the justice system, where the deck is stacked against them. In the case of multinational corporations, the army of lawyers and deep-pocketed financial resources at their disposal give them immense advantage over an individual who may have just lost her job, or is under threat of such. This being the reality it’s not surprising that the modus operandi of corporations is to fire whistleblowers and offer six months’ severance pay – what a whistleblower can expect from the judicial system even if she is successful in proving employer retaliation. For the offending corporation, it’s merely the cost of doing business.

But six months’ salary is of little help to a whistleblower who will likely find it difficult to obtain new employment and suffer untold financial and emotional distress; it’s also no substitute for justice.

Here it must be recognized that there is another loser in this process, which allows criminal acts and wrongdoing to be ignored: the public welfare. While whistleblowers take the initial direct hit, often sacrificing their careers and social stability, in the long term it is the general public who will pay the price if food is not safe, financial institutions aren’t sound, or privacy disappears. And with the globalization of virtually every aspect of our lives, risk knows no border. Likewise, supporting whistleblowers shouldn’t either. This is not just a Swiss issue; it is also an issue requiring international attention.

The Swiss law should be strengthened to provide judicial protection mechanisms that support whistleblowers who suffer retaliation, ensure there is public accountability for employers and regulators, as well as apply penalties strong enough to dissuade employers from retaliating. It is only by taking such action that Switzerland, and indeed all countries, will signal to its citizens that corruption, fraud, and threats to the public well being will not be tolerated.

Dr. Yasmine Motarjemi is a former senior scientist at the Food Safety Programme, World Health Organisation, and former Corporate Food Safety Manager with Nestle, Switzerland.

Alison Glick is WIN Coordinator at the Government Accountability Project, Washington, D.C.

Additional Resources:

http://www.foodsafetymagazine.com/magazine-archive1/junejuly-2014/whistleblowing-food-safety-and-fraud/

http://www.rts.ch/la-1ere/programmes/le-12h30/6145830-durcissement-de-la-loi-sur-les-lanceurs-d-alerte-adopte-aux-conseil-des-etats-23-09-2014.html?f=player/popup

http://www.reuters.com/article/2014/09/19/us-switzerland-whistleblower-idUSKBN0HE23K20140919

http://www.swissinfo.ch/eng/switzerland-prepares-to-tighten-screws-on-whistleblowers/40790684

http://www.tdg.ch/suisse/conseil-etats-soutient-protection-minimale/story/28562185?comments=1

http://www.24heures.ch/suisse/Le-Conseil-des-Etats-soutient-une-protection-minimale/story/28562185

http://www.humanrights.ch/fr/droits-humains-suisse/interieure/protection/divers/whistleblowing-bientot-regle-juridiquement

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