WHISTLE BLOWER PROTECTION

QUESTION NO 1
What is whistle blower protection? Discuss whistle blower protection laws of Pakistan.

Whistle blower protection

Whistle blower is defined as encouraging employees to report wrongdoing and to protect them when they
do is essential for corruption prevention in both the public and private sectors. Whistleblower retaliation
is the taking, failing to take, or threatening to take a personnel action because of an employee's
whistle blowing.

Employees are usually the first to recognize wrongdoing in the workplace. Empowering them to speak up
without fear of reprisal can help authorities both detect and deter violations.

On the other hand Whistleblower protection refers to the legal framework and mechanisms put in
place to safeguard individuals who expose corruption, fraud, illegal activities, or other forms of
wrongdoing within organizations or government entities. These protections are crucial for
promoting transparency, accountability, and the deterrence of misconduct.

Congress passed the Whistleblower Protection Act of 1989 (WPA), which, among other things,
was intended to strengthen and improve protections for the rights of federal employees and to
prevent reprisals.

In Pakistan, the protection of whistleblowers is addressed by the Whistleblower Protection and

Vigilance Commission Act, 2019. This legislation was enacted to establish a framework for the
protection of whistleblowers, the investigation of complaints, and the prevention of victimization
or retaliation against those who disclose information in the public interest.

The key features of the Whistleblower Protection and Vigilance Commission Act, 2019 in Pakistan
include:

➢ Report of Misconduct:

The Act encourages individuals to report corruption, maladministration, or other forms of

wrongdoing. Whistleblowers are protected when making disclosures in good faith, provided they
have reasonable grounds to believe the information disclosed is true.

➢ Maintaining Privacy:

The Act emphasizes the importance of maintain the privacy in protecting the identity of
whistleblowers. It ensures that the identity of the whistleblower is not revealed during the
investigation or subsequent legal proceedings, unless necessary for a fair investigation.

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➢ Prevention of Reprisals:

The Act explicitly prohibits retaliation against whistleblowers. It safeguards them from any form
of victimization, such as termination, demotion, harassment, or discrimination, as a result of their
disclosure.

➢ Oversight Body for Whistleblowers:

The legislation establishes the Whistleblower Protection and Vigilance Commission, which is
responsible for receiving, processing, and investigating complaints made by whistleblowers. The
Commission has the authority to take appropriate action, including disciplinary action against
those who retaliate against whistleblowers.

➢ Recourse and Assistance:

The Act provides remedies for victims of retaliation, such as reinstatement, compensation for
damages, and other relief as deemed necessary. It also ensures the provision of legal and
psychological support to whistleblowers.

It is important to note that the effectiveness and implementation of whistleblower protection laws
depend on various factors, including public awareness, administrative capacity, and the
commitment of institutions to uphold the rights and safety of whistleblowers.

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