There are calls for the East African Community (EAC) Whistleblowers Protection Bill, 2018 to have incentives for people who disclose information that helps the cause for justice. Faisal Kanamugire, a legal expert from the Rwanda Law Reform Commission, emphasised this on Thursday as a team of members of the East African Legislative Assembly conducted a public consultation on the Bill in Kigali. The EALA Committee on Legal, Rules and Privileges is conducting public hearings in all EAC Partner States to provide an avenue for stakeholders to participate in the legislative process of the Community, in line with the requirement of Article 7 of the EAC Treaty. Kanamugire said: “If you want voluntary disclosures why can’t this Bill also provide for incentives? Our law provides for this. It will be good to have clarity on whether whistleblowing is an obligation or if it is voluntary. But there have to be some incentives for sure”. Besides incorporating international conventions, as Rwanda has done, Kanamugire noted that incentives will come in handy in a legislation that aims to create an enabling environment for both citizens and non-citizens to freely disclose information on corruption or improper conduct, both in public and private sectors. Article 9 of the Rwandan Whistleblower Protection Act states that any person who provides disclosures that result in recovery of property or safety of public interest must be protected and rewarded. According to the law, a Presidential Order determines modalities for implementation of this provision. Probable enforcement difficulties For example, he told The New Times, at the Rwanda Revenue Authority, if someone discloses information leading to the recovery of smuggled goods which are worth millions, there is always a certain percentage of the smuggled goods that is awarded to the whistleblower. “The bill targets general improper conduct or unlawful acts committed by any person within the community,” Happy Mukama, a Rwandan advocate told The New Times. “As much as this sounds okay, the bill might face enforcement difficulties because its scope is open-ended. It would be wise to limit the scope of the bill to acts of improper conduct from areas that have been liberalised under the EAC Common Market Protocol,” he added. “On a flip side, acts that constitute improper conduct need to be defined exclusively in a separate schedule as an integral part of this bill”. MP Dr Anne Itto Leonardo (South Sudan) noted that the desire is to have a bill that includes everything that someone does wrong. Nonetheless, Leonardo and MP Maryam Yahya Ussi (Tanzania), who is the leader of the team, noted that all views and comments from Rwandan stakeholders will be debated on the floor of the House. All that is required, Ussi stressed, is a law that eventually caters for the needs of East Africans. editorial@newtimes.co.rw
