Whistleblowers are generally regarded as heroes for their efforts to promote truth and integrity. They are the ones who expose criminal conduct, corruption, organizational crime, and other wrongdoings. To protect them from facing retaliation, countries across the world have adopted laws and policies that safeguard whistleblowers.
But Bangladesh hasn't had a domestic whistleblower protection system for decades. In 2011, the Disclosure of Public Interest Information (Protection) Act was enacted by the Bangladesh Parliament, which ensures a protection mechanism for whistleblowers. But while this act was passed nearly a decade ago, there has been little progress in its implementation, and the potential whistleblowers are barely aware of these protections.
Whistleblowers are protected by the Disclosure of Public Interest Information (Protection) Act 2011 in numerous ways. Section 5(1) of this act specifies that whistleblower identities remain confidential unless the information they disclose is false or misleading. As per Section 9 of the act, anyone who compromises a whistleblower's right to remain anonymous faces a maximum sentence of five years imprisonment.
However, in some cases, the court has the authority to reveal the whistleblower's identity to the public, which can compromise their personal and professional lives. Section 5(2) of this act safeguards whistleblowers who expose corruption or wrongdoing from civil and criminal charges, disciplinary actions, and many other legal consequences.
As per Section 10 of this act, if a whistleblower purposefully discloses any false information that is not in the public interest, he could end up punished with two or five years imprisonment, a fine, or both. However, the fear of up to five years in prison for knowingly providing false information may discourage genuine whistleblowers from exposing wrongdoing.
Section 5(3) says that if a whistleblower is a member of any government organization, he gets protection from any demotion, harassment, unwanted transfer, mandatory retirement, or any other measure that constitutes retaliation against him for their disclosures. However, this act does not specify the mechanism for protecting a whistleblower when their career is negatively affected.
Section 7 of the act further protects whistleblowers; it states that when a whistleblower provides any information relating to the public interest, he shall cooperate with police investigations or any other law-enforcing agency, but if such participation endangers their well-being or safety, the whistleblower cannot be compelled to take part in such an investigation. Nonetheless, it poses a significant risk since most law enforcement officials are not properly aware of this law, which can lead to harassment of the whistleblower.
In practice, active whistleblowers get rewards such as physical or mental abuse, threats, and intimidation for disclosing the information
Section 14 of this act provides a reward for whistleblowers when the offender is successfully convicted. This provision aims to encourage individuals to report wrongdoing while doing their job. Unfortunately, in practice, active whistleblowers get rewards such as physical or mental abuse, threats, and intimidation for disclosing the information. Therefore, they feel discouraged due to the fear of such situations. The act additionally lacks provisions for providing security for the families of whistleblowers, leaving them vulnerable to threats from those accused of wrongdoing. As a result, they frequently reject the information they provided earlier, enabling corrupt individuals to escape justice.
Whistleblowers may contribute to fighting institutional crime by exposing illegal activity both in the private and governmental sectors. However, this act was never meant to protect whistleblowers from all sectors, but only those involved in public affairs impacting the public interest. This is a significant issue of concern, considering that many whistleblowers also operate in the private sector, where there is no safeguard. Hence, it is necessary to amend the legislation to protect whistleblowers in the private sector as well.
The fight against institutional crime and corruption in Bangladesh is becoming extremely critical. When it comes to exposing criminals and bringing them accountable, whistleblowers can play a significant role. However, in Bangladesh, there is a lack of political will and public awareness that enable whistleblowers to exercise their rights.
To turn the tide, the state must promote an environment that increases awareness of their rights and safeguards them. The key step is to carry out campaigns to make sure that people are aware of the whistleblowing procedures. Additionally, the existing act has a substantial number of loopholes that need to be addressed. Therefore, the forthcoming legislation should amend these provisions that are necessary to develop a more comprehensive law and effectively implement them for the protection of whistleblowers.
Juwel Kobir is an Advocate at the District and Sessions Judge Court, Dhaka.
