Australia considers national security whistleblowing

The Australian Law Reform Commission recommended that national security whistleblowers should face criminal sanctions only when their disclosures, "damage national security, interfere with an investigation and endanger someone's life or safety." The Commission also recommended that a new law create an offense of unauthorized disclosure only in these circumstances.

Today Australia's Attorney-General, Robert McClelland, tabled the recommendation in Parliament so that the government could review it.  The recommendation follows a 2005 disclosure by retired customs officer Allan Kessing about security breaches at Sydney Airport. Kessing was charged with disclosing information without due authorization. He made his disclosure to an opposition member of Parliament and it was published in a periodical two years later. The Herald Sun reports on the action in today's edition.

 

Ugandans press for whistleblower protection and payment

Uganda's The New Vision reports that the country's Parliament is debating a Whistleblower Bill to protect disclosures of public and private corruption.  Legislators are debating whether protected disclosures should be made to regional officials or to national offices.  Perhaps someday they will protect all disclosures of corruption.

Meanwhile, the same article reports that a tax whistleblower is pressing for payment of a promised reward.  This whistleblower helped the government collect 3.8 billion schillings (about $1.5 million) in taxes between 2002 and 2005. However, he still has not received his entitlement of ten percent (10%).  He has filed a court claim for payment, and as a result, his identity has been disclosed.  The New Vision reports that he is now in "grave danger."

Visitors from Japan inquire about US whistleblower protections

We just received a lovely visit from Keiko Nagai Ito and Tomoshige Nakamura of CrossIndex Corp. The are reviewing whistleblower protection laws from around the world in preparation of Japan's 2011 review of its Whistleblower Protection Act.  Pictured here are Phil Barrett (intern with the National Whistleblowers Center), myself, Keiko Nagai (consultant to CrossIndex Corp.), Tomoshige Nakamura (CEO of CrossIndex Corp.) and Michael D. Kohn (president of the National Whistleblowers Center).

Iceland's answer to the financial crisis? Protect whistleblowers!

Iceland’s economy has been ravaged by the international financial crisis. Rage against corruption sparked protests.  Iceland's legislature is now trying to resurrect their economy by ensuring that citizens will have free speech rights that will spur economic growth. On February 16 members of the Icelandic Parliament proposed a bill which could make Iceland a “journalist haven.” It would also provide protections for whistleblowers and other sources who expose fraud. Members of Parliament are obviously keen to the role fraud played in the current crisis. National Public Radio reports on the leadership of the Icelandic Modern Media Initiative (IMMI) in calling for a slew of reforms.

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Transparency International Releases Report on Preventing Corruption in Humanitarian Operations

Yesterday, Transparency International (TI) released a practical guide for combating corruption in relief and reconstruction efforts.

“Disasters like the catastrophe in Haiti highlight the absolute necessity of ensuring that the funds and supplies allocated actually reach those in need. Corruption in emergency aid is a matter of life and death. Stopping and preventing corruption should be a strategic priority for the humanitarian community,” said Christiaan Poortman, Global Programmes Director at TI.

Strong whistleblowing mechanisms are recommended as the best way to stop corruption and ensure that humanitarian aid gets where it needs to go.  The report states that a “confidential and independent mechanism (whether internal or exernal) helps create an environment intolerant of corruption, in which staff feel safe to blow the whistle without fear of reprisal.”  TI recommends that whistleblowing actually be made a staff duty and if an investigation finds corruption, the agency must take action to ensure that staff trust the whistleblowing process to correct their complaints (Pages 19-20).

For entire report please click here.

Whistleblower murdered in India

Satish Shetty — who exposed many land scams in Maharashtra, India — was stabbed to death with swords on Wednesday during is morning walk.  Shetty, age 38, was a "Right to Information" (RTI) activist who began exposing corrupt land deals ten years ago. “This has become a trend and social activists are considered soft targets, the government must take immediate steps to stop such attacks,” Ms. Sumaira Abdulali, convenor of Movement against Intimidation, Threats and Revenge against Activists (MITRA), told the Indo-Asian News Service (IANS). Our hearts go out to Shetty's family and colleagues as we share in the loss of an ally in the cause for transparency and accountability.

Dennis Brutus remembered

We Remember Dennis Brutus

Friends and admirers of South African poet Dennis Brutus gathered yesterday afternoon to remember him at Busboys and Poets in Washington, DC. Follow the Continue Reading link below to see my photos of the event.  Michael Kohn, President of the National Whistleblowers Center (NWC), remembered Dennis Brutus and his role in founding NWC in an obituary posted here last month.

The event was called Somehow Tenderness Survives. The title recalls this poem by Brutus called Somehow We Survive:

Somehow we survive
and tenderness, frustrated, does not wither.

Investigating searchlights rake
our naked unprotected contours. . . .
boots club the peeling door.

But somehow we survive
severance, deprivation, loss.

Patrols uncoil along the asphalt dark
hissing their menace to our lives,

most cruel, all our land is scarred with terror,
rendered unlovely and unlovable;
sundered and we and all our passionate surrender

but somehow tenderness survives.

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Remembering Dennis Brutus (1924-2009)

Dennis BrutusDennis Brutus, died December 26th in Cape Town, South Africa, at the age 85. Dennis was one of the National Whistleblowers Center's founding board members. He is a world-renowned poet and was always a voice of the downtrodden and dispossessed. Dennis Brutus was born in Salisbury, Southern Rhodesia, of South African parents, who returned to South Africa after Dennis was born. He was exiled from South Africa in 1966. Brutus was a pivotal figure in the anti-Apartheid movement. He was a critical thinker who forged a strategy on how to bring the horror of Apartheid to world attention.

From his involvement with college sports, he realized that the South African Olympic team was not open to athletes with the best records if they were black.  Brutus was determined to seek the exclusion of South Africa from the Olympics.  He co-founded the South African Non-Racial Olympic Committee (“SANROC”) with the secret goal of documenting superior athletic performance by black athletes who, in violation of the World Olympic Charter, were kept off South Africa's Olympic teams.  When a representative from the World Olympic Committee (“WOC”) visited South Africa in 1963 Brutus broke into the meeting and presented the representative with SANROC's documentation and was swiftly arrested for violating his banning order.

A video of Dennis Brutus reading his poetic description of South Africa is available here.

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Liberian president issues executive order to protect whistleblowers

The African Press Agency reports that President Ellen Johnson Sirleaf has issued an Executive Order to protect anyone who discloses information about actions of impropriety against the public interest that is occurring, has occurred, or will occur in any public or private institution.  It is known as Executive Order #22, and is also called a Whistleblower Act.  The Act is expected to be submitted to the Liberian legislature for enactment, but already binds public and private employers through the Executive Order. The Act permits whistleblowers to bring claims in court for any alleged act of retaliation. Those guilty of retaliation will be subject to criminal penalties, including up to two years in prison.  The scope and severity of Liberia's Whistleblower Act already far exceeds that of any U.S. whistleblower protection law.  Congratulations to Liberia.

Indonesian activists suffer police investigation

My counterpart in Indonesia, Emerson Yuntho, has been swept up in a flurry of police activity associated with the Third Conference of State Parties (CoSP) of the United Nation Convention Against Corruption (UNCAC).  I just met Emerson last month when he visited our offices at the National Whistleblowers CenterYou can see our photo of his visit in my blog post about it.

The Third UNCAC Conference was in Doha, Qatar, two weeks ago. Now Indonesia Corruption Watch (ICW) has released a report called “Weakening of Corruption Eradication Commission In Indonesia.” The report details how Emerson and a colleague, Illian Deta Arta Sari, released information about financial misconduct in the Attorney General's office.  Now they have been summoned to Police Headquarters and declared suspects in an investigation for "character assassination." I think I have a tough day when a big brief is due.

Indonesian police have also declared as suspects two managers of the official Corruption Erradication Commission (KPK), Bibit Samad Rianto and Chandra M. Hamzah. If you feel moved to action, the fax number of Washington's Indonesian Embassy is (202) 775 5365.