Whistleblower Protection Laws in G20 Countries: Priorities for Action. Simon Wolfe Mark Worth Suelette Dreyfus A. J. Brown
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1 Whistleblower Protection Laws in G20 Countries: Priorities for Action Simon Wolfe Mark Worth Suelette Dreyfus A. J. Brown
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5 Six changes to improve whistleblowing overnight Martin Woods Wachovia Whistleblower 16 th IACC Malaysia September 2015
6 Think BIG picture Follow the money Join the dots Look beyond the short term Look into the future
7 The REAL picture
8 Mexico 2012 The photo was taken by Daniel Becerril The shoes belonged to forty-nine people murdered in 2012, whose mutilated bodies were dumped in the road by their killers. The shoes are empty, because far too many people around the world made and continue to make empty gestures.
9 The Global Picture 100,000 Mexican lives have been lost in the drug wars. Drug money is connected to the murders. Banks are connected to the money. Through money laundering, the bankers hands and the murderers hands are linked.
10 This, too, is money laundering
11 Mexico 2014 The photo was taken by Henry Romero The cameramen are searching the rubbish dump for the body parts of 43 missing students, abducted by corrupt police officers and delivered to a drug gang. All were killed and incinerated. Their crime was to speak out and protest; they were murdered by drug money.
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13 BNP Paribas Laundered $6.4 Billion to Benefit President Bashir of Sudan
14 BNP agreed to a $9 billion settlement with the US Justice Department after admitting the bank criminally laundered money on behalf of the regime of Omar al-bashir in Khartoum. BNP Paribas sold billions of dollars worth of oil for al-bashir, and stripped identifying information from wire transfers. Al-Bashir has been indicted by the International Criminal Court on multiple charges of genocide and crimes against humanity in Darfur.
15 Deferred Prosecution Omar Al-Bashir President, Sudan Baudouin Prot CEO, BNP Paribas
16 Complicated Alliances at the United Nations Sudan, UNCAC and UNAMID
17 17 The United Nations on the edge of Whistleblower Protection!
18 Examples of U.N. s retaliation against whistleblowers exploitation. Anders Kompas, 2014 to Present: Suspended, smeared and investigated for acting in accordance with UN s zero-tolerance policy for sexual exploitation. Rehan Mullick, 2002:Fired by the U.N. for exposing the U.N. Oil-For- Food Scandal, the largest corruption scheme in the organization s history. 18
19 Mukesh Kapila, 2004: Fired for exposing Sudan s crimes against humanity in Darfur. involving Kosovo. James Wassertrom, 2007: Fired for unveiling a $500 million kickback plot Kosovo Caroline Hunt-Matthes, 2003: Fired with one day s notice for documenting UN officials interference with investigation of alleged rape; failure to register a sexual harassment complaint against the High Commissioner 19
20 Protection of U.N. Whistleblowers Facts & Figures The Ethics Office received 447 requests for protection against retaliation; rejected 307 requests and conducted reviews in 140 cases only; found substantiated retaliation in 4 cases. The internal justice has also failed to protect most whistleblowers. While the lower UN Dispute Tribunal has ruled in favor of some whistleblowers, the UN Appeals Tribunal usually overturns these decisions. In 2013, the U.N. Appeals Tribunal rejected 72 percent of the appeals filed by staffers, including whistleblowers. Independent, thorough and public investigations by the United Nations Secretariat: None. 20
21 U.N. whistleblower Protections: 8 Improvements Recognize that whistleblower rights are human rights. 2. Publicly release the external study of whistleblower protections at the UN conducted by Justice Louise Otis. 3. Submit the proposed revisions to the UN protection against retaliation policy for public consultation, and seek feedback from U.N. whistleblower coalition among other experts. 4. Extend whistleblower protections to UN peacekeepers, police officers, contractors, victims and any other person who provides information about misconduct.
22 2 2 U.N. whistleblower Protections: 8 Improvements 5. Immediately end the practice of subjecting known UN whistleblowers to lengthy internal appeals processes. 6. Establish an external independent mechanism for claims of retaliation against UN whistleblowers. 7. Provide an external arbitration option for all whistleblowers. 8. Provide whistleblowers with appropriate psychological support and counselling, as well as career development.
23 Whistleblower Protections: 6 Improvements Public Awareness 1. The legal and social expansion of what we understand as corruption to include the abrogation of civil and human rights. 2. Public recognition of the value of whistleblower disclosures.
24 6 Improvements Legislation: 3. Acceptance of the three dimensional model of whistleblower protection: organizational, regulatory and public disclosures are protected. 4. Serious restrictions on official secrecy.
25 6 Improvements Regulatory reach: 5. Recognition in international organizations of the legitimacy of informed dissent. Its recognition as whistleblowing. 6. Extension of meaningful whistleblower protections to international organizations and negotiating processes; i.e. trade agreements.
26 Brown, A. J., Lewis, D., Moberly, R. & Vandekerckhove, W. (eds) International Handbook on Whistleblowing Research Edward Elgar, Cheltenham, 2014.
27 Government Accountability Project United States Open Democracy Advice Centre South Africa Public Concern at Work United Kingdom Commonwealth Initiative for Human Rights - India Federal Accountability Initiative for Reform Canada Centre for Human Rights - Chile Whistleblowers Netzerk Germany
28 Be inspired take action. Think about how your actions today change the world your children inherit.
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