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Keeping Pace:
Whistleblowing and the
Response of Government
MarkWorth
Project Manager
International Whistleblower Project
...
Post hoc ergo propter hoc
 US:Whistleblower Protection Act, 1989 (“Challenger Law”)
 UK: Public Interest Disclosure Act,...
Why?
 Cultural change – or a change in political reality?
 Intention => implementation
 Seize the opportunities
Whistleblower Protection Rules
in G20 Countries:
The Next Action Plan
G20 countries:
public sector laws
G20 countries:
private sector laws
G20 Scorecard
MostWBer laws for government and corporate employees lack:
adequate internal and external disclosure channe...
Redemption
Reinstatements, protections, compensation
 South Africa: “Mrs. M”, 2011 / Kobus Roos, 2014
 Nigeria: Laurence...
Redemption
Reinstatements, protections, compensation
 Japan: Masaharu Hamada, 2012
 BiH: 2WBers granted protection, 2014...
Redemption
Reinstatements, protections, compensation
 US: Franz Gayl, 2011
OSHA cases:
o injured railroad worker, 2014
o ...
How?
• Media exposure –> journalists as de facto supporters
• Changes in public opinion / perceptions
• Public support –> ...
Keeping Pace
• Strategy for change: bottom-up / top-down
• Learning / Telling / Doing
There has been a time
in the evolution of everything
when it didn't work.
MarkWorth
markworth@blueprintforfreespeech.net
(...
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Keeping Pace: Whistleblowing and the Response of Government, Mark Worth, International Whistleblower Project

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Presentation by Mark Worth at the OECD Whistleblower Protection Seminar on 17th June 2014. More information available at www.oecd.org/gov/ethics/whistleblower-protection-seminar-june-2014.htm

Published in: Government & Nonprofit
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Transcript of "Keeping Pace: Whistleblowing and the Response of Government, Mark Worth, International Whistleblower Project"

  1. 1. Keeping Pace: Whistleblowing and the Response of Government MarkWorth Project Manager International Whistleblower Project Re-visiting Whistleblower Protection OECD, Paris, 17 June 2014
  2. 2. Post hoc ergo propter hoc  US:Whistleblower Protection Act, 1989 (“Challenger Law”)  UK: Public Interest Disclosure Act, 1998  South Africa: Protected Disclosures Act, 2000  Rep. of Korea: Protection of Public InterestWBers Act, 2011  France: public health / environmentWBer law, 2013  India: Whistle Blowers Protection Act, 2014  Ireland: Protected Disclosures Bill, 20??
  3. 3. Why?  Cultural change – or a change in political reality?  Intention => implementation  Seize the opportunities
  4. 4. Whistleblower Protection Rules in G20 Countries: The Next Action Plan
  5. 5. G20 countries: public sector laws
  6. 6. G20 countries: private sector laws
  7. 7. G20 Scorecard MostWBer laws for government and corporate employees lack: adequate internal and external disclosure channels opportunities for anonymous reporting agency to investigate disclosures and complaints transparent / accountable enforcement of laws Plus, mostWBer laws for corporate employees lack: confidentiality guarantee penalties for retaliators MostWBer laws for government and corporate employees include: protections from a wide range of retaliation broad definition of who is a “whistleblower” options to report internally or to government regulators “reasonable belief” threshold
  8. 8. Redemption Reinstatements, protections, compensation  South Africa: “Mrs. M”, 2011 / Kobus Roos, 2014  Nigeria: Laurence do Rego, 2014  Ireland: Louise Bayliss, 2012  Malaysia: company finance staffer, 2014  Rep. of Korea: waste disposal worker
  9. 9. Redemption Reinstatements, protections, compensation  Japan: Masaharu Hamada, 2012  BiH: 2WBers granted protection, 2014  Slovenia: 5 WBers granted protection, 2010-12  UK: o Jon Fayle, 2013 o Martin Morton, 2011 o Margaret Haywood, 2009 o RobertWatson, 2008
  10. 10. Redemption Reinstatements, protections, compensation  US: Franz Gayl, 2011 OSHA cases: o injured railroad worker, 2014 o waste vehicle safety, 2014 o airplane emergency landing, 2013 o truck driving duration, 2013 o Sarbanes-Oxley, 2013 o unsafe drinking water, 2012 o lead overexposure, 2012
  11. 11. How? • Media exposure –> journalists as de facto supporters • Changes in public opinion / perceptions • Public support –> political cover to politicians • Gateway: it only takes one – have to go through it • Governments are adapting / training themselves
  12. 12. Keeping Pace • Strategy for change: bottom-up / top-down • Learning / Telling / Doing
  13. 13. There has been a time in the evolution of everything when it didn't work. MarkWorth markworth@blueprintforfreespeech.net (+49) 176 630 94993 (Berlin)
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