Whistleblowers protection act vital – MPs

Sensitive:To curtail the possibility of people who may be malicious MPs in the lower chamber of |Parliament Tuesday stressed that the Whistleblower Act will create awareness so that people, rise above fears of possible reprisals and play a more proactive role to flush out violations of the law.

Thursday, March 01, 2012
Abbas Mukama.

Sensitive:To curtail the possibility of people who may be maliciousMPs in the lower chamber of |Parliament Tuesday stressed that the Whistleblower Act will create awareness so that people, rise above fears of possible reprisals and play a more proactive role to flush out violations of the law.This was after the committee on national budget and patrimony presented a report on the draft law, to the plenary, after a final scrutiny of the bill together with pertinent government officials, earlier in the morning.In a lengthy debate , Constance Mukayuhi and Abbas Mukama, the Committee’s Chair and Deputy Chairpersons, respectively told the House that the law was very sensitive and crucial.Once promulgated, the act will ease difficulties often experienced by law enforcement organs in exposing crimes such as corruption, murder, and many others, Mukayuhi said."Think about the difficulty in exposing corruption; think about the difficulty in exposing an intended murder. I believe that even in the standpoint of a strategy to curb crime, this law also puts emphasis on prevention of crime,” Mukayuhi said."It will enable law enforcement organs, those responsible for fighting corruption, organs responsible to get enough information so that they can prevent crime or misconduct, before it happens.”Mukayuhi stressed that Rwandans need to have ownership of the good governance drive. She said that though there were awareness campaigns, they must go hand-in-hand with relevant laws. She explained that it will ensure that citizens participate in making sure various professional ethics are adhered to and the law is respected. More punitive measures will be highlighted in the yet to be passed penal code. It is not clear which of the legislations – the whistleblower law or the penal code – will be passed first, but it was noted that most offenders, if finally found guilty by courts of law, will be punished according to their respective codes of ethics.Doctors and other professionals have relevant guiding codes of ethics that they must adhere to. It is clear that whistleblowers can also provide information on cases where leaders in public offices fail on service delivery. Venantie Tugireyezu, the Minister in the President’s Office, also backed the bill’s importance in the House.Giving an example of the Gacaca courts, where people could denounce parents who were suspected of involvement in heinous crimes, Mukama told the House that the bill comes to reinforce patriotism.Earlier, the committee on national budget and patrimony once more poured over the bill together with pertinent officials ahead of the afternoon plenary session, it was stressed that bosses who reproach or harass their subordinates when the latter blow the whistle on wrongful conduct will be lawfully dealt with if the act is passed.But lawmakers also want possible cases of malicious slander curtailed.Laws protecting the rights of individuals to blow the whistle on wrongful conduct are common practice everywhere nowadays and the committee stressed that the law was neccesary.Shortly after the morning session, Tugireyezu told The New Times that the new bill will help allay fears of people who would wish to report wrong conduct."People who would have wanted to report wrong doings, such as corruption, will have no more fears as this bill will protect them. There are signs that people are often fearful of reporting individuals who commit crimes, get involved in corruption or any other wrong conduct,” she noteed."With this law in place, no one should fear coming out and reporting wrongs as they will be fully protected. This law comes to serve the common interests, it comes to curtail wrongdoing. No one should ever fear pointing a finger where a crime or any other wrong doing is being committed”.Séraphin Rumaziminsi Ntagwabira, the director of preventing and fighting injustice unit in the office of the Ombudsman, recapped the bill’s importance.He told The New Times that when passed, the law will clearly show how whistleblowers can provide crucial information and in a manner that also preserves discretion. It will be similar to witness protection, even though not exactly the same.Anyone, whether Rwandan or not, can point a finger at suspected misconduct, but legislators encourage people to shun uncalled for and spiteful libel, as it is punishable by law. "The bill will also curtail the possibility of people who may be malicious and want to tarnish someone’s image. It will have a clause stipulating how such people will be handled, too,” Ntagwabira explained. He added that a whistleblower’s information will first be fittingly probed before an alleged lawbreaker is charged. "If it is realised that a whistleblower had suspicious grounds for providing some wrong information, say to slander, or smear someone’s image, so as to perhaps make them lose their job, a file will then be opened and such individuals will also be probed and punished accordingly.”Who is a whistleblower?Worldwide, whistleblowers are people who tell the public or relevant law enforcement authorities about alleged dishonest or illegal activities occurring in a government department, a public or private organization.The alleged misconduct may be a violation of a law, rule, regulation and, or a direct threat to public interest, such as fraud, health or safety violations, and corruption. Whistleblowers may make their allegations internally (for example, to other people within the accused organisation) or externally (to regulators, law enforcement agencies, to the media or to groups concerned with the issues).