WHISTLE BLOWER PROTECTION

QUESTION 1
Whistle blower protection
Whistleblower protection encompasses the legal framework and mechanisms that aim to safeguard
individuals who come forward to expose corruption, fraud, illegal activities, or any other forms of
misconduct within organizations or government entities. These protections play a vital role in
promoting transparency, accountability, and deterring unethical behavior.

The Whistleblower Protection Act of 1989 is a law that protects federal government employees in
the United States from retaliatory action for voluntarily disclosing information about dishonest or
illegal activities occurring in a government organization.

Whistleblowers perform an important service by reporting what they reasonably believe to be

evidence of waste, fraud, abuse, or mismanagement. DHS employees, contractors, subcontractors,
grantees, and personal services contractors are protected by law from retaliation for making a
protected disclosure. In accordance with the Inspector General Act, as amended, the DHS OIG
Whistleblower Protection Coordinator educates DHS agency employees, contractors, grantees,
and personal services contractors about whistleblower protections and employees’ rights and
remedies against retaliation for protected disclosure. The law does not permit the Whistleblower
Protection Coordinator to act as a legal representative, agent, or advocate for current or former
employees.

Discuss Whistle Blower Protection laws of Pakistan.

The parliament has passed the Whistle Blowing Ordinance in 2019. Whistle blowing policy of
Pakistan Bait ull Mal, is the legal umbrella to blow whistle against illegal steps by the authorities
or employees.

A law for protection of whistleblowers was introduced in the National Assembly in 2019 but it has
yet to be passed by the Senate of Pakistan. The Public Interest Disclosures Act 2017 is in field but
the law pertains to whistle blowing information regarding holders of public office. Neither the
draft law nor the present law relates to whistle blowing within private organizations. Some HR
Manuals and contracts of organizations do accord protection for whistle blowing but such instances
are rare. Perhaps there is a fine line between whistle blowing and defamation which needs to be
ascertained first in Pakistan before we see the 2019 draft law being approved or in fact extended
towards private organizations.

Employees involved in whistle blowing may face the wrath of organizations in the shape of
terminations and demotions. Only way to curb this by introducing a law that accords protection to
the whistle blower while making sure that the same does not result in defamation.

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 WHISTLE BLOWER PROTECTION

• Protected Disclosures: The Whistleblower Protection and Vigilance Commission

Act, 2019 encourages individuals to make protected disclosures regarding corruption,
fraud, or other forms of misconduct. Whistleblowers are protected when they disclose
information in good faith and have reasonable grounds to believe it is true.
• Confidentiality: The Act emphasizes the importance of maintaining the confidentiality
of the whistleblower's identity. The identity of the whistleblower should not be disclosed
during the investigation or subsequent legal proceedings, except when necessary for a fair
investigation or legal process.
• Non-Retaliation: The Act explicitly prohibits retaliation against whistleblowers.
Employers or individuals are prohibited from taking any adverse actions, such as
termination, demotion, harassment, or discrimination, against whistleblowers in response
to their disclosures.
• Whistleblower Commission: The Act 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
actions, including disciplinary measures, against those who retaliate against
whistleblowers
• Remedies and Support: Whistleblowers who face retaliation are entitled to remedies
under the Act. These may include reinstatement to their position, compensation for
damages suffered, and other appropriate relief. The Act also ensures the provision of legal
and psychological support to whistleblowers throughout the process.