all about whistleblowing

Worldwide Whistleblower News (December 7 - December 14, 2009)

[Czech Republic] "Poll: Most employees fear to report rules violation at work," Prague Daily Monitor, December 12, 2009.

Almost a half of employees in the Czech Republic have met with a serious violation of regulations and rules at work, but most of them have not reported such cases, according to a poll by the Transparency International Czech Republic (TIC) released to CTK. Click here to read more.

[Japan] "Revise the whistle-blower law," The Japan Times, December 12, 2009.

More than three and a half years have passed since a law protect whistle-blowers went into force in April 2006. Click here to read more. 

Download Japan's Whistleblower Protection Act (Act No. 122 of 2004) - English Version   

[Canada] Puxley, Chinta, "Pathologist whistleblower alleges patient safety at risk due to 'toxic' workload," metronews.ca, December 11, 2009.

A whistleblower alleges excessive workloads in Manitoba pathology labs have led to the wrong diagnosis in at least one case, but provincial health officials say it doesn't appear patients are at risk. Click here to read more.   

[UK] Verkaik, Robert, "Baby P whistle-blower to sue council," The Independent, December 11, 2009. 

The senior social worker who first warned the Government about serious failings in the investigation of childcare cases - six months before the death of Baby Peter - is suing Haringey Council for vitimisation. Click here to read more. 

[France] Sage, Adam, "HSBC whistleblower in hiding amid money laundering investigation," TimesOnline,  December 10, 2009.  

Swiss authorities have opened a criminal inquiry after allegations that a former HSBC employee gave stolen data concerning client accounts at the bank's Geneva branch to French tax authorities. Click here to read more. 

[Ireland] Burke-Kennedy, Eoin, "Safeguards for whistleblowers sought," Irishtimes.com, December 9, 2009. 

Anti-corruption watchdog Transparency International (TI) has called on the Government to establish legal safeguards for employees who expose wrongdoing or corrupt practice in their pieces of work. Click here to read more.

Follow my twitter- global_whistle to read more news.   

A Whistleblower in Azerbaijan (October 2009)

It is outdated, but this case shows whistleblower's fearful situation in Azerbaijan.  

Mahammad Gurbanov, a 55 year old resident of Nakchivan city who was placed in a mental hospital by employees of the Nakhchivan Autonomous Republic Internal Affairs Ministry with second degree disability on September 11, 2009, was finally released on October 10 from the hospital after 29 days in detention.  

Gurbanov was a small trader who brought goods from Turkey’s Igdir village and sold them in Nakchivan city.  When he was at Diluchu-Sadarak checkpoint last time to enter Azerbaijan, custom officers asked him a bribe for the goods he brought. After Gurbanov declined to pay the bribe, his goods were confiscated and his travel to Turkey was banned. Gurbanov appealed about the actions committed by the custom officers to Nakhchivan’s Customs Committee and Supreme Council. Two days after he appealed, policemen captured him in his house and sent to a psychiatric hospital. He forcefully signed an admission that he was mentally ill. He was not permitted to meet with his family and relatives.

On September 30, Nakhchivan Autonomous Republic Democracy and NGO Development Resource Center appealed to international and local Human Rights organizations about Gurbanov’s circumstances.  

On October 10, 2009, Mental Health Day, he was finally released from the hospital. He said "I don't have any health problems. I didn't receive any treatment in the hospital, because I didn't need it."

According to Azerbaijan Country Profile from Business Anti-Corruption Portal, it is common for foreign business people to be asked for bribes by customs officials when they cross Azerbaijan borders and total bribes may reach 35% of the value of imported goods.  Global Integrity Report 2008 states that whistleblowing system in Azerbaijan is very week. There is no specific law to protect individuals who blow the whistle about fraud and corruption.    

Referred Articles

“Whistleblower released from psychiatric hospital,” International Freedom of Expression eXchange, October 14, 2009.

“Human rights defenders in Nakhchivan concerned regarding Mahammad Gurbanov’s situation,” Nakhchivan Human Rights & Mass Media Monitoring, October 1, 2009. 

“Another person fighting corruption in Nakhchivan placed in mental asylum,” Azeri Report, September 14, 2009. 

“Imprisoned in mental hospital Mahammad Gurbanov is denied the rights to meet his family members,” Azeri Report, September 15, 2009. 

Worldwide Whistleblower News (November 24 - December 6, 2009)

[Iran] "Iran whistleblower dies from drug-laced salad," Associated Press, December 2, 2009.   

A 26-year-old doctor who exposed the torture of jailed protesters in Iran died of poisoning from a delivery salad laced with overdose of blood pressure medication, prosecutors say. The findings fueled opposition fears that he was killed because of what he knew... Click here to read more. 

[TI] "Inadequate laws expose whistleblowers and impede fight against corruption," December 3, 2009. 

Most of the 10 European countries included in a new report by Transparency International (TI) lack adequate laws to protect whistleblowers who often take risks and brave possible sanctions to expose wrongdoing, including corruption. Click here to read more.

[Malta] Flores, Charles, "Whistling in the dark and blowing in the wind," The Malta Independent Online, December 3, 2009. 

There must have been people who, like me, were left speechless by the Prime Minister's description, on RTL Radio last week, of a whistleblower. Rather than the welcome tome of admiration and the soothing assurance of protection one is... Click here to read more.

[Canada] Bron, Ian, "Colvin is indeed a whistleblower," Ottawa Citizen, December 1, 2009. 

On Saturday on this page, Amir Attaran and Gar Pardy came to the defence of Richard Colvin, the diplomat who testified to a parliamentary committee that he had warned senior government official about the torture of Afghan detainees. Click here to read more.

[Australia] "Teacher bullied to keep quiet on problem schools," news.com.au, November 30, 2009. 

The Queensland Opposition said whisteblowing teachers were being bullied by other teacher to keep problems in schools quiet. New figures released by the State Government showed the number of complaints of bullying and aggressive behavior... Click here to read more. 

[China] Ang, Ben Lim Chiow, "It takes courage to be a whistle blower," China Daily, November 30, 2009.

What action would you take if you discovered your superior was abusing their position? All too often it's a case of damn if you do and damn if you don't. Blowing the whistle might put your own rice bowl at stake, by keeping silent comes with... Click here to read more.

[South Africa] Hamlyn, Michael, "AA whistleblower safe," iafrica.com, December 1, 2009.

The managing engineer of the power system control section at the Tshwane municipality, Jaco Weyers, who refuged to appoint affirmative action candidates after they did poorly in their job selection tests, has been protected by a court decision... Click here to read more.

[UK] "Whistleblower secures £442k in compensation," Russel Jones & Walker, November 24, 2009. 

A former local authority employee who suffered harassment and was sacked after complaining about a new management appointment has been awarded a payout of £442,466. Click here to read more.   

It is better to save as PDF files if you want to keep the news. 

Please follow on my twitter to read worldwide whistleblower news. 

http://twitter.com/global_whistle

  

Financial Whistleblowing Panel with Jesselyn Radack and Jack Blum - GAP TV

Whistleblower Protection in 10 European Countries

Transparency International (TI) released a report about whistleblower protection of 10 Europeacountries, including Bulgaria, Czech Republic, Estonia, Hungary, Ireland, Italy, Latvia, Lithuania, Romania, and  Slovakia, titled "Alternative to Silence: Whistleblower Protection in 10 European Countries." The report examines political and cultural context, legislations, and current policies and practices of whistleblowing.

According to this report, only Romania has a single piece of whistleblower protection legislation, a Whistleblower Protection Act [Law 571]. Hungary and Lithuania are currently considering comprehensive legislations of whistleblower protection. Especially, Hungary issued a draft whistleblower protection bill which contains a reward system.   

In conclusion, the report recommends 5 things to improve whistleblower protection system for all 10 countries. 

1. Cultural change: Negative connotations surrounding whistleblowing and a lack of political will are crucial factors to make whistleblower protection system ineffective. There is a need to raise awareness about the significant role of whistleblowers who can detect wrongdoings in public and private organizations.  

2. Comprehensive legal protection: Effective legal provisions and enforcement mechanisms are necessary to build effective whistleblowing mechanism.

3. Effective reporting and protection mechanisms in organizations: Employer leadership is necessary to establish such mechanism.  

4. Data collection: An independent public organization should systematically collect data about whistleblowing, such as "the number of cases reported, the reporting channels and mechanisms used, the follow-up procedures and the harm prevented through whistleblowing."  

5. A European framework for whistleblower protection?: The whistleblower protection provisions of UNCAC and the Council of Europe Civil and Criminal Law Conventions on Corruption should be implemented. 

Links: 

Alternative to Silence: Whistleblower Protection in 10 European Countries

Each country's report

Bulgaria

Czech Republic: English - Czech

Estonia

Hungary

Ireland

Italy: English - Italian

Latvia

Lithuania

Romania

Slovakia: English - Slovakian

Draft Principles for Whistleblowing Legislation

TI's Whistleblower Protection Page

This Year's Qui Tammy Award goes to...

http://pogoblog.typepad.com/pogo/2009/11/and-this-years-qui-tammy-award-goes-to.html.

Stimulus grantees cited for poor oversight of federal funds — Sunlight Foundation's Real Time Investigations - Tracking Private Influences on Public Policy

Stimulus grantees cited for poor oversight of federal funds — Sunlight Foundation's Real Time Investigations - Tracking Private Influences on Public Policy.

Weekly World News about Whistleblowing (3rd Week of November 2009)

[Canada] MacCharles, Tonda, Richard Colvin: Portrait of a whistleblower, theStar.com, November 21, 2009.

Talk to people who know Richard Colvin and a few key traits emerge. Driven, committed to Canada's mission in Afghanistan. Knows his stuff. Takes copious notes. Sociable, yet discreet. Above all, discreet. Click here to read more. 

[USA] Bottemiller, Helena, “GAP Highlights Role of Whistleblowers,” Food Safety News, November 21, 2009.

The Government Accountability Project (GAP) held a conference yesterday focused on the important role whistleblowers play in protecting the food supply, exploring ways to empower more food workers to speak out against inhumane and unsafe practices in the food system. Click here to read more.

[Vietnam] Huy, Dam, “Company chief arrested for having whistleblower killed, Thanhnien News.com, November 21, 2009.

Ngo Quang Truong, director of real estate investor Hoang Hai Ltd. in Hoc Mon District, was detained after the police caught four men involved in the murder: Bui Quoc Huy, Tran Van Khoa from the northern Vinh Phuc Province, Vu Van Luan from the northern Hai Phong City and Ngo Chi Huan from the Mekong Delta’s Hau Giang Province. Click here to read more.  

[Australia] McCarthy, Joanne, “No help for Orkopoulos whistleblower Gillian Sneddon,” theherald.com.au., November 21, 2009.

GILLIAN Sneddon has officially fallen through the cracks in the system. She helped police put her former boss, Swansea MP Milton Orkopoulos, in jail for child sex offences, but NSW Deputy Ombudsman Chris Wheeler has confirmed what Ms Sneddon already knew there is nowhere she can turn for help about her treatment as a whistleblower. Click here to read more.

[USA] Joshi, Bharat, “Don’t Shoot the Messenger,” Wall Street Journal, November 20, 2009. 

All organizations (not just businesses) require honest, periodic sizing up(s) to appreciate the position they're in and the changing landscape around them. While some of this is regulatory or obligatory -- financial audits, for instance -- others are discretionary such as consultants, quality control, human resource audits and the like. Click here to read more.

[Malta] Vella, Francesca, “Whistleblower Act expected shortly,” The Malta Independent, November 20, 2009.

Justice and Home Affairs Minister Carmelo Mifsud Bonnici said yesterday that the Whistleblower Act is expected to be introduced shortly, possibly towards the end of the year or the beginning of next year. Click here to read more.

[USA] “New Jersey Hospital Settles Medicare Fraud Case,” Avvo, November 19, 2009.

A hospital in northern New Jersey will pay the U.S. government more than $3 million in a settlement, after a lawsuit alleged the care facility defrauded Medicare. The Trinitas Regional Medical Center in Elizabeth, New Jersey, was named by whistleblower Tony Kite in 2005 for allegedly inflating their charges for delivering care to Medicare patients to obtain increased reimbursements from the government-funded system. Click here to read more.

[Iran] McGough, Steve, “Whistleblower Iranian physician dead,” Radio Vice Online, November 18, 2009.

Well isn’t this just grand. Twenty-six year old Iranian prison doctor Ramin Pourandarjani who went public with reports of torture and murder after the recently-squashed Iranian revolution is dead after a car accident. Or is it a heart attack. Or maybe suicide. Or maybe he was poisoned. Click here to read more.

[USA] Quinlan, Paul, “Former port official wins nearly $500,000 settlement in whistleblower suit over firing,” The Palm Beach Post News, November 18, 2009.

Michael Davis says the first time he ever got into trouble with his boss at the Port of Palm Beach was when he reported that a colleague ordered the port's private security guards to search valet-parked cars of customers away on gambling cruises. Click here to read more.

Vietnam Whistleblower Protection Legislation News

[Vietnam] Oversight of officials’ assets deters corruption, November 16, 2009

"Vietnam is drafting a separate law of protecting whistle blowers. Could you kindly provide some experience from other countries? No country can ensure absolute security for whistle blowers but how do you maximize protection? 

This is a very good question, and requires careful consideration. This is precisely one of the key findings of a 2005 diagnostics survey on corruption by the former Central Committee on Internal Affairs. The great majority of civil servants and business staff were not enthusiastic in fighting corruption as they are afraid of being victimized, and not protected. 

Very few countries have put in place specific legislations regulating the protection of denunciators or whistle-blowers who report corrupt practices. Global Integrity’s report available at http://report.globalintegrity.org/ provides valuable information from international experiences. In this report, Japan and the United Sates are among the few countries that have launched whistle-blower protection acts. In the case of Japan, the act is to protect workers reporting misconducts of businesses.

There is no act that specifically protects public sector whistle blowers. They are in principle treated and protected the same as other workers. However, there are some exceptions for public sector servants and, in some cases, the National Public Service Act, the Official Ethics Act, and others can have priority over the general Whistle-Blowers Act.

In practice, according to the Global Integrity, the Whistle-Blowers Protection Act does not seem to have been firmly established in the public sector. Public sector whistle-blowers seem to face substantial negative consequences, such as losing their jobs, being relocating to less prominent positions, or other forms of harassment. 

Global Integrity also highlights that in some Southeast Asian countries (Thailand, the Philippines and Malaysia), attempts to introduce whistle-blower and witness protection programmes have been made. Also, Malaysia has introduced a witness protection programme in Parliament as part of efforts to protect whistle-blowers in corruption cases.

Under this bill, the Attorney General approves applications by whistle-blowers who have met an exhaustive list of criteria, including passing physical and mental examinations. In the case of the Philippines, there are eight pending whistle-blowing bills in the House and Senate. The currently existing legal framework that protects witnesses of criminal acts in the Philippines is known as the Witness Protection, Security and Benefit Act." 

A Brief Note from "Empowering Employees to Protect Food Integrity"

A Short Note from 1:30 pm to 3:10 pm

Luncheon Guest Speaker: Bill Marler, Marler Clark LLP, PS

    His blog and presentation

2:00 p.m. Panel 3: Food Safety and Whistleblowing: Past Present and Future

Moderator: Tony Corbo, Food and Water Watch

Panelists: Felicia Nester, Food and Water Watch

                Jackie Nowell, United Food and Commercial Workers

                Tom Devine, Government Accountability Project

Panelists shared anecdotes, case studies, successes, failures and forecasts for progress in the realm of food integrity. 

Food Safety Organizations

Food and Water Watch

"A nonprofit consumer organization that works to ensure clean water and safe food...Food & Water Watch works with grassroots organizations around the world to create an economically and environmentally viable future"

S.T.O.P.: Safe Tables Our Priority

"A national, non-profit health organization dedicated to preventing suffering, illness, and death due to foodborne illness by advocating sound public policy, increasing awareness and education, and providing victim assistance"

Center for Food Safety

"A national non-profit membership organization working to protect human health and the environment by curbing the proliferation of harmful food production technologies and by promoting organic and other forms of sustainable agriculture"       

United Food and Commercial Workers

                                  

Others

Union of Concerned Scientists

• Freedom to speak / media policies of 15 federal agencies

Read more about the conference from Food Safety News