Politics
Whistleblower Protection Bill Advances at Government Level
The issue of whistleblower protection has returned to the forefront of debate. According to the Minister of Justice, the related bill is currently at government level. Justice Minister Fanirisoa Ernaivo emphasized the progress of the whistleblower protection bill during the opening speech of yesterday's workshop at the Ibis Hotel in Ankorondrano. The file is moving forward. The subject was central to discussions over three days, as part of a workshop bringing together Indian Ocean islands at the Ibis Hotel in Ankorondrano. The level of advancement in drafting the preliminary bill on whistleblower protection was an unavoidable topic yesterday. According to the Justice Minister's explanations, "the text is currently at government level." She noted it has already been discussed once in the Government Council. "The bill is currently undergoing a rotating review by relevant ministerial departments for any remarks or modifications. It will then be adopted in the Government Council and brought before the Council of Ministers. Once adopted by the Council of Ministers, it will be presented to Parliament," she stated. During the workshop that began yesterday, it was emphasized that "the protection of whistleblowers and witnesses is today an essential pillar of an effective mechanism for preventing and combating corruption. Like specialized institutions, control mechanisms and legal frameworks, it helps facilitate the detection of corruption, support investigations and strengthen accountability." Participants argue that by guaranteeing effective protection against retaliation, "States encourage reporting and strengthen citizens' trust in public institutions." Whistleblower and witness protection in Madagascar will be part of its international commitments, particularly under the United Nations Convention Against Corruption (UNCAC). The process of drafting the preliminary bill began several years ago. The question of the limits of professional secrecy and duty of discretion, particularly for civil servants and public officials, was notably the main sticking point during various workshops on the subject. Incomplete Framework The same applies to the definition of a whistleblower and safeguards against abusive and slanderous denunciations. At one point, due to lack of consensus, discussions on the bill were at an impasse. Drafting work resumed in February. Representatives from the United Nations Office on Drugs and Crime (UNODC), members of the Anti-Corruption System (SAC) and the Justice Ministry met again to work on it. Their efforts consisted of defining what can be protected by law, clarifying conditions for reporting abuses, organizing safe reporting channels, considering ways to ensure confidentiality of reports, providing sanctions against those who retaliate, and establishing compensation mechanisms for victims. Apparently, this time the process has seen notable progress. According to Fanirisoa Ernaivo's explanations yesterday, the various actors agreed on the definition of a whistleblower. The Justice Minister outlined the main points, such as acting in good faith and in the general interest rather than to harm someone, providing true, verifiable information with evidence. According to the Justice Minister, the text will also include safeguards against abusive and slanderous denunciations. Yesterday in Ankorondrano, workshop participants made multiple pleas for whistleblower protection. "Anti-corruption institutions, however effective, cannot fully fulfill their mission without people willing to report corruption or testify, with assurance of protection against any form of retaliation. The protection of whistleblowers and witnesses is thus an essential link in the chain of prevention, detection, investigation and prosecution of corruption," they stated. Furthermore, in Madagascar, another mechanism is still awaited to complete the legal arsenal to strengthen the fight against corruption and transparency in public affairs management: the law on access to public information remains absent. Deputies have shelved the text.
Source: L'Express de Madagascar