WIN Letter to Polish Government

Today, 7 November 2017

A number of concerned organisations signed a joint WIN letter to the relevant Ministers of the Polish Government expressing deep concerns about the draft provisions purporting to offer “whistleblower protection” as contained in the Draft Law on Transparency in Public Life. We urge the Polish Government to reject these as not fit for purpose.

07 November 2017

Dear Sirs,

The organisations and leaders within WIN, the Whistleblowing International Network, have worked in the field of public interest whistleblower law and practice for close to 40 years. Our expertise has been sought by national governments and judicial and law enforcement authorities, amongst many others around the world, looking to enhance their legal and institutional protections for whistleblowing. Our members have played a leading role at the Council of Europe, the European Union, the OECD and the United Nations as part of their mandates to support good governance and democratic accountability, the rule of law and human rights.

We write to express our unqualified agreement with the attached concerns expressed by the Fundacja im. Stefana Batorego (Stefan Batory Foundation), Helsińska Fundacja Praw Człowieka, (The Helsinki Foundation for Human Rights) and Instytut Spraw Publicznych (Institute of Public Affairs) about draft provisions of a “whistleblower” law recently proposed by the Minister, Special Services Coordinator, in the draft law on transparency of public life. The proposal purports to provide whistleblower protection for those who report evidence of certain criminal offences to the prosecutor. These provisions do not fall within the definitions nor spirit of legal whistleblower rights in any other country. Even if relevant, the provisions fail to meet even one of some 20 internationally accepted legal standards and best practices for whistleblower protection, and appear to violate European standards which includes the most recent 2015 PACE Resolution and Recommendation on Improving the Protection of whistleblowers. Continue reading

Sapin II A first look at how the French are doing whistleblower protection

Image result for image of French courts

WIN is delighted to publish this guest blog – the first analysis of the new French law to protect whistleblowers adopted in 2016. This is a preliminary pass through the new law’s provisions which the author trusts will help stimulate discussion and encourage further analysis.

Jean-Philippe Foegle is a PhD candidate at the University of Paris Ouest Nanterre La Défense” in Paris and visiting researcher at the Information Society Project, Yale Law School. His research focuses on the regulation of whistleblowing in France, the US and the UK. Jean-Philippe is also helping to coordinate a two-year research project funded by the French Ministry of Justice to explore how the implementation of Council of Europe’s Recommendation on the Protection of Whistleblowers could improve the efficacy of of French whistleblower protection.

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INTRODUCTION

The new French law on the protection of whistleblowers reflects a paradox. Although many prominent whistleblowers are French citizens – think, for example, of Antoine Deltour or Hervé Falciani – it was not until 2013 that real protection for whistleblowers emerged in the wake of corruption and environmental scandals. Before the passage of fragmented legislation protecting whistleblowers in France, most whistleblowers were nevertheless protected through the case-law of the French courts. This protection remained largely theoretical, however, due to long delays in court proceedings : it took almost ten years before the prominent environmental whistleblower André Cicolella was finally able to his case beyond the French private law supreme court, the “Cour de Cassation”.

Continue reading

Committee calls for national security whistleblower protection

COEThe Committee on Legal Affairs and Human Rights published its draft report on Improving the Protection of Whistleblowers in light of the revelations of Edward Snowden [19 March 2015].

The Committee stressed the importance of ensuring that secrecy for reasons of national security does not act as a cover for wrongdoing or is used to stifle public debate and calls on all member States to ensure whistleblower protection covers all those working in national security and intelligence-related fields.

This Committee held two inquiries and its first report on Mass Surveillance was published only weeks ago in January 2015.

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Edward Snowden addresses second hearing at Council of Europe

Snowden testifying at CoE, with WIN Director Anna Myers, 2nd left.

Snowden testifying at CoE, with WIN Director Anna Myers, 2nd left.

The Council of Europe’s Committee on Legal Affairs and Human Rights held the second of two public hearings on mass surveillance and strengthening whistleblower protection on June 24th.  At both hearings Edward Snowden gave evidence by video link and in the second hearing, Anna Myers, the Expert Coordinator of the Whistleblowing International Network, also gave a statement.  Continue reading