PRIVATE SECTOR WHISTLEBLOWER AND WHISTLEBLOWING PROTECTION

Transcription

1 CAMARA COMERCIO E INDUSTRIA TIMOR- LESTE CHAMBER OF COMMERCE AND INDUSTRY TIMOR LESTE (CCI-TL) PRIVATE SECTOR WHISTLEBLOWER AND WHISTLEBLOWING PROTECTION Shared by: ALBERTO CARVALHO ARAUJO, Vice President of CCI-TL

2 Brief Introduction to CCI-TL CCI-TL is a new established institution in April 2010 Role of CCI-TL: As an umbrella organization representing the voice of private sector in Timor-Leste To be a strategic partner for economic growth to the government. CCI-TL is in the progress of learning by doing; Establishment Developing Networking

3 WHISTLEBLOWER PROTECTION IN TIMOR-LESTE CONTEXT CAC is a new institution established in 2010 Good opportunity to develop a strong Anti- Corruption policies and codes. CCI-TL as Private Sector Representative is ready to cooperate with CAC to develop any regulations and or laws in regards to Whistleblower protection in Timor Leste

4 Is there comprehensive and clear legislation in place to protect Whistleblower? Translating whistleblower protection into legislation, legitimizes and structures the mechanisms under which whistleblowers can disclose wrongdoings in the public and private sectors and protects them against reprisals are very important. The absence of appropriate legislation impedes the fight against corruption and exposes whistleblowers to risks of retaliation

5 WHY WHISTLEBLOWER PROTECTION IS NEEDED? The risk of corruption is significantly sensitive in environments where the reporting of wrongdoing is not supported or protected Public and private sector employees have access to up-to-date information concerning their workplaces practices, and are usually the first to recognize wrongdoings. However, those who report wrongdoings may be subject to retaliation, such as intimidation, harassment, dismissal or violence by their fellow colleagues or superiors. In many countries, whistle blowing is even associated with treachery or spying.

6 Continuation. Whistleblower protection is therefore essential to encourage the reporting of misconduct, fraud and corruption. Providing effective protection for whistleblowers supports an open organizational culture where employees are not only aware of how to report but also have confidence in the reporting procedures. It also helps businesses prevent and detect bribery in commercial transactions. The protection of both public and private sector whistleblowers from retaliation for reporting in good faith suspected acts of corruption and other wrongdoing is therefore integral to efforts to combat corruption, safeguard integrity, enhance accountability, and support a clean business environment. Adequately implemented, legislation protecting whistleblowers can become one of the most effective tools to support anti-corruption initiatives, and detect and combat corrupt acts, fraud and mismanagement.

7 HOW WE CREATE A GOOD PROTECTION FOR WHISTLEBLOWER INTO TIMOR-LESTE CONTEXT To find out why Timor-Leste needs whistleblower protection A comparative study to adopt and create good legislations Adopt the international conventions, example CCI-TL adopts the International Chamber of Commerce Guidelines on Whistleblowing. Create Whistleblowing based on the Timor- Leste context.

8 RECOMMENDATIONS Timor Leste needs: A comprehensive and clear legislation in place to protect whistleblower An Effective institutional frameworks and clear procedures and channels in place for facilitating the reporting of wrongdoings and corruption. A protected disclosures and persons afforded protection clearly defined Retaliatory actions clearly defined and the protection afforded strong and comprehensive

9 Continuation Remedies and sanctions for retaliation clearly outlined Awareness-raising regularly undertaken to encourage the reporting of wrongdoings and corruption and to disseminate existing information on the protection of whistleblowers An effectiveness in practice of the whistleblower protection framework periodically evaluated and reviewed

10 CONCLUSIONS: Development of Anti-Corruption Laws, Legislations & Codes focusing on Whistleblower/Bl owing protections Enterprises adopt the Legislations Establish and implement internal whistle blowing programs Whistleblower protection framework periodically evaluated and reviewed

11 THANK YOU OBRIGADO