Whistleblowing

As part of its efforts to improve transparency and accountability by implementing recommendations made by the Presidential Commission of Inquiry (PCOI) on the controversial bond transactions, the Central Bank this week said that it has introduced a whistleblowing policy for its employees. 

Even though few details were forthcoming on the scope of the whistleblowing policy, this is landmark as most State or Government linked organisations in Sri Lanka attempt to muzzle their employees, particularly when they attempt to engage with media, even though freedom of information is a powerful weapon against corruption. 

In fact in 2016 a school teacher who was penalised for speaking to the media has won her case at the Supreme Court and received compensation from the school principal who attempted to fire her for her perceived “disloyalty”. The case underscores the need for public servants to be allowed to play the role of whistle-blowers without being penalised as it is an essential function of good governance.

Governments have a responsibility to facilitate whistleblowing and in so doing protect public interest whistle-blowers. Laws which recognise the right of those who act in the public interest not to suffer harm or threats of harm and which build on the democratic principles of free speech and freedom of information are critical. They provide individuals a safe alternative to the silence that allows negligence and wrongdoing to take root.

Whistleblower protection also offers an important alternative to anonymous leaks – a form of self-preservation which can compromise both the public interest and the whistleblower. International instruments on whistleblower protection have, for the most part, recognised the importance of having whistleblower protection laws in place as part of an effective anti-corruption framework. Legislation provides a good foundation on which to develop legal and institutional frameworks to facilitate whistleblowing and protect whistle-blowers for a wider category of public interest information.

While it is incumbent on governments to facilitate safe and effective channels for whistleblowing and to protect whistle-blowers, civil society has a complementary role in advocating for the protection of those who come forward to safeguard the public interest, particularly when it challenges Government authority. An engaged civil society can ensure that the legal and practical responses to whistleblowing are effective and appropriately applied over the long term. 

A Government that wishes to view itself as genuinely accountable needs to stop crushing its dissenters. In Sri Lanka’s deeply-politicised public system, top posts are often decided by politicians. Ministry secretaries, for example, are an important part of ensuring transparency and accountability but could be appointed through political influence. The Financial Regulations and Administrative Regulations assume that ministry secretaries have the power to make independent decisions but reality is at times the reverse. 

The effort by the Central Bank should ideally be expanded to other segment of the public service. Technically the Central Bank is an independent organisation and its important duties mean that its employees are held to higher standards of accountability. But many other public servants, especially those engaged in procurement and tender proceedings, hold just as if not higher positions of responsibility. Reducing corruption means giving these honest people a chance to speak in an environment of safety and acceptance.