Issued today 31 August 2018
We, the undersigned, join the Government Accountability Project in expressing our concern about the decision of the Dutch Government to award the 2018 Human Rights Tulip to outgoing UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, on 3 September 3 in The Hague. Our concerns are based on the responses to individual OHCHR whistleblowers who disclosed information about serious human rights violations, including the sexual abuse of children by French peacekeeping forces in the Central African Republic. We urge the Minister to reconsider proceeding with the award until the UN High Commissioner resolves the outstanding cases of retaliation against the publicly vindicated whistleblowers in his own office.
Pištaljka (“The Whistle”), Serbia
Open Democracy and Advice Centre (ODAC), South Africa
Transparency International Netherlands, Netherlands
Riparte il futuro, Italy
Centre for Free Expression Whistleblowing Initiative, Canada
Transparency International Ireland, Ireland
The Ethicos Group, Australia
Speak Up, Speak Out Ltd., United Kingdom
See WIN letter to Dutch Foreign Affairs Minister including press release from the Government Accountability Project.
Grand Hall of the Serbian Academy of Sciences and Arts, 5th – 6th June 2018
WIN Director, Anna Myers
A Loud Whistle, 5th June 2018
Photo credit: Zoran Raš for Pištaljka
WIN Director, Anna Myers and Tom Devine, Legal Director of GAP were among key speakers attending the international conference hosted by WIN member organisation Pištaljka last month. Focusing on collaborative practice between journalists and whistleblowers, the conference brought together international experts, politicians and members of the Serbia judiciary to discuss the contributions that whistleblowers in the field of anti-corruption and how various actors including journalists and prosecutors can assist in protecting and assisting those who are making disclosures.
The conference also provided an insight into the exceptional work undertaken in Serbia by Pištaljka in the eight years since their founding in 2010 as an innovative journalism platform for the protection of whistleblowers. Drawing on their founders’ own experiences of facing retaliation and persecution as journalists reporting censorship and conflict of interest, Pištaljka has published more than 600 fully documented investigative articles that have frequently played a part in launching official investigations into corruption.
‘Ireland had the strongest whistleblower law in the EU and had inspired reform with its legislation around the world. It looks like the government has broken something that didn’t need to be fixed. Irish whistleblowers, business and the Irish public will be the real losers here.’
Whistleblowing International Network (WIN)
04/07/2018 – WIN Director Anna Myers has joined several expert organisations, legal advisors and practitioners in signing a letter from Transparency International Ireland urging the Irish Government to amend the EU Protection of Trade Secrets Regulation (SI 188) on the basis of its creation of a new test for whistleblowers. Unlike the existing Protected Disclosures Act 2014 (PDA), SI 188 requires whistleblowers to demonstrate that their disclosure was motivated by a general public interest concern even if the disclosure is later deemed to be true, related to a criminal offence, or they reported it to their employer or the appropriate authorities.
Whilst the EU Trade Secrets Directive (passed in July 2016) is supposed to provide strong safeguards for intellectual property holders, there is no requirement in the Directive for any EU Member State to create an additional test for whistleblowers. Under the terms of the Irish proposals, whistleblowers reporting offences to the Office of the Director of Corporate Enforcement or to law enforcement will not only be required to show they believed a crime was or about to be committed but will also have to prove they were motivated to protect the general public interest in reporting the crime.
15/05/2018 – The Luxembourg Court of Appeals has today recognised Antoine Deltour’s status as a whistleblower as defined by European Court of Human Rights. This decision has resulted in a full acquittal of all charges against Antoine relating to the copying and use of the LuxLeaks documents.
The Court of Appeal judgement recorded the copying of internal documents as a legal breach but, ultimately, withheld the suspended prison sentence and fine imposed at trial in 2016. This victory comes after the Court of Cassation’s rejection in January 2018 of Antoine’s original conviction.
Following the verdict, WIN tweeted:
Antoine’s case exposes many of the challenges facing whistleblowers and those involved in protecting whistleblowers, particularly in regards to the criminal sentence originally passed at trial. WIN remains committed to strengthening civil society organisations that defend the rights of whistleblowers and address a range of threats to public interest.
WIN congratulates Antoine, his family, his legal team led by William Bourdon and all those who saw the importance of the substance of his whistleblowing and the right for him to be protected for doing so.
Click here for the full press statement from Antoine Deltour’s support committee.
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
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