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.
‘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.