WIN Press release – New EU Directive on whistleblower protection

WIN URGES EU GOVERNMENTS TO TAKE NEW WHISTLEBLOWER DIRECTIVE SERIOUSLY TO STRENGTHEN PUBLIC INTEREST OVERSIGHT AND DEMOCRATIC ACCOUNTABILITY

17 APRIL 2019 – An international network of whistleblower protection NGOs calls on EU governments to adopt both the spirit and detail of the new EU whistleblower protection directive in their national legal frameworks, or risk further scandals and disasters that undermine public confidence in their ability to promote and safeguard the public interest.

Yesterday (16 April 2019), the European Parliament voted in an overwhelming majority to adopt a new law to protect European whistleblowers. The EU has raised the bar for all EU governments to lead the world in promoting gold standard protections for whistleblowers who raise concerns about wrongdoing or abusive practices that affect us all – whether in our how money is handled in financial institutions, the quality and safety of the food we eat, the water we drink, the air we breathe, the trains and planes we travel on and the care of our elderly and vulnerable.

Landmark cases such as #LuxLeaks and #PanamaPapers have revealed how scandals that start in one country quickly spread to others, as the range of actors involved and the jurisdictions affected are revealed. Similarly, the European tainted-egg scandal started in the summer of 2017 in the Netherlands and Belgium and by 11 August, the European Commission announced that a total of 15 EU states, plus Switzerland and Hong Kong, were known to have received egg products contaminated by an insecticide harmful to human health.

WIN, whose NGO members advise, defend, and protect whistleblowers, has advocated for years for better legal and institutional protections in all European countries. The need for the EU to act across all 28 member states became more urgent and obvious as whistleblowers increasingly revealed serious corruption and the harm caused by wrongdoing and negligence that was no longer contained by national borders.

The EU legislation follows campaigning by WIN in a wider coalition organised by Eurocadres (association of unions) that included Transparency International Europe and journalist and press freedom organisations. The ground-breaking legislation must become national law across all EU members by May 2021.

WIN’s Executive Director and lawyer, Anna Myers, highlights the hard work of civil society, “We came together with different skill sets and missions from across Europe to advocate for stronger legal protections for whistleblowers and yesterday we got it!”

“But we also know that there has been reluctance, lack of understanding, and from our long experience in the field, often a determination to block whistleblower protection from being the progressive, democratic accountability mechanism it should be,” she said. “We still have our work cut out for us. The EU Directive is not perfect. WIN will continue to support civil society to collaborate across borders to ensure EU governments live up to both the detail and the spirit of the law.”

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WIN joins European and Latin American NGOs in pledge to improve whistleblower protection

WIN is proud to announce that it has joined a number of non-governmental organisations (NGOs) in Europe and Latin America in an agreement to support and collaborate on activities and advocacy designed to promote effective whistleblower protection in Latin America.

WIN was amongst key European and Latin American NGOs active in the area of whistleblower protection who gathered at the Universitat Politècnica de València’s recent conference on whistleblowing. These organisations formalised their agreement on 1st April 2019 and signed a declaration of solidarity and collaboration – the Valencia Declaration.

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WIN and its European member-organisations such as Whistleblowers-Netzwerk and Maison des Lanceurs d’Alerte have signed the declaration. These organisations working in coalition with many others, including unions, played a central role in the recent advocacy drive in Europe which helped shape effective and comprehensive legislation at the EU level. The result is a new EU Directive on Whistleblower Protection which will be adopted by the European Parliament in mid-April 2019.

The success of civil society advocacy in Europe demonstrates how coordination and collaboration between organisations based in different countries can improve the protection of those reporting in the public interest. These organisations will work with a range of other European and Latin American NGOs including FIBGAR – the Spanish and Latin American foundation on human rights, and Ciudadania Inteligente of Chile, to share experiences, support, and raise awareness among civil society in Latin America. It is vital that civil society engage in these collaborative initiatives to protect whistleblowers, combat corruption and address impunity across all jurisdictions.

WIN has been supporting organisations in Latin America since the network’s inception, but the Valencia Declaration marks the start of a sustained and (no doubt) fruitful relationship between WIN and NGOs from all over Latin America. We are especially excited and grateful for this opportunity to participate in a focused and coordinated collaboration and for the chance to exchange expertise and resources with esteemed colleagues in Europe and Latin America.

The Valencia Declaration is also available in Spanish.

The Truth Needs Friends – EU must strengthen whistleblower protection in Europe!

WIN is supporting this campaign by the Green/EFA Group in the EU Parliament because we have a massive opportunity to end the fear, silence, loneliness and bullying that some people suffer from just telling the truth. The European Union is on the verge of enacting new legislation that would change the lives of people who reveal the truth about illegalities, corrupt practices and other dodgy dealings – otherwise known as “whistleblowers”.

The first of its kind, the new European Whistleblower Directive would oblige all EU governments to introduce minimum standards of protection for truth-tellers. These protections would include penalties for people that retaliate against whistleblowers or try to shut them up; an obligation for public and private bodies to set up channels for receiving reports and to keep the identity of the whistleblower confidential; and legal shields for whistleblowers so that, if for example they breach a confidentiality agreement, they would not be held liable for it.

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EU could still undermine its own objectives on whistleblower protection

06/02/19 – It is now crunch time as the European Commission, the European Parliament and the European Council engage in trilogue negotiations to agree the final text of the EU draft directive on the protection of whistleblowers.

WIN presents, courtesy of Tom Devine, Legal Director of the Government Accountability Project, an analysis of the European Council’s agreed position published on the 29th January 2019. This is what the Council is taking into the negotiations and it is much further away from the European Parliament’s position on the fundamental issue of protecting those who report information directly to competent authorities than we had hoped or can understand.

This Legal Brief explains exactly what the problems are and why enforcing mandatory internal reporting is as bad for business as it is for individuals who want to speak up about wrongdoing, even directly to their employers!

Not only does the European Council retain and reinforce the structural problems of mandatory internal reporting  – originally included by the Commission but removed by Parliament in its proposal! – it has added its own poison pills:

  • restoring vulnerability to obstruction of justice by canceling the clear right to make external disclosures to government authorities immediately;
  • adding an unprecedented subjective test as a prerequisite for the liability shield: the whistleblower not only must prove a reasonable belief of misconduct but also that his or her specific whistleblowing was necessary to reveal it;
  • effectively cancelling the liability shield while adding an unprecedented prerequisite for protected speech — that evidence was lawfully obtained, not just lawfully disclosed. Significantly, this will put the whistleblower on trial in every case, having to win that battle before being able to challenge any retaliation against them for having reported the actual wrongdoing; and
  • finally, by imposing a subjective, unreviewable, open-ended national security loophole giving each nation the option to cancel the Directive’s public freedom of expression rights