Breaking the silence: Strengthening whistleblower protection to combat corruption in Bangladesh

Corruption remains one of Bangladesh's most persistent and damaging challenges, undermining governance, stalling economic growth, and eroding public confidence in institutions. Despite the country's remarkable strides in development, corruption acts as a barrier to equitable progress, syphoning off resources meant for public welfare and entrenching inefficiency across various sectors. 

According to the corruption perception index (CPI) 2023 by Transparency International, Bangladesh ranks as the 24th most corrupt country globally, a stark reminder of the deep-rooted nature of the issue. From bribery in public services to financial irregularities in the private sector, corruption affects every aspect of daily life, perpetuating poverty and inequality and threatening the integrity of democratic processes.

In this environment, whistleblowing emerges as a powerful tool to combat corruption and promote integrity. Whistleblowers—individuals who expose illegal, unethical, or corrupt activities—play an indispensable role in holding individuals and institutions accountable. 

Globally, whistleblower actions have brought monumental scandals to light, leading to critical reforms in governance, business practices, and public policy. In Bangladesh, where systemic corruption pervades both public and private sectors, the role of whistleblowers could be transformative. They have the potential to uncover fraud, ensure ethical compliance, and restore public trust in institutions.

However, despite the pivotal role they can play, whistleblowers in Bangladesh often face grave risks. Retaliation, in the form of dismissal, harassment, threats, or even violence, is a frequent and discouraging consequence of exposing wrongdoing. This fear of reprisal, coupled with the lack of effective legal safeguards, prevents many individuals from stepping forward and reporting corruption. 

In response to this challenge, Bangladesh introduced the Public Interest Information Disclosure (provide protection) Act, 2011, commonly known as the whistleblower protection act. Despite its noble intent, the act has significant gaps that hinder its effectiveness in fostering a culture of accountability.

The primary flaws in the legislation include its limited scope, inadequate protections for whistleblowers, and weak enforcement mechanisms. The act primarily addresses misconduct in the public sector, excluding private enterprises, NGOs, and other vital sectors where corruption thrives. 

Additionally, while the law provides for anonymity and protection from retaliation, these provisions are neither comprehensive nor robustly enforced. Without strong guarantees of confidentiality and effective legal remedies, potential whistleblowers are often deterred from coming forward.

Uncover systemic corruption by exposing entrenched practices of fraud and abuse

Whistleblowers are vital in exposing corruption, ensuring accountability, and fostering justice. From Enron to the Panama Papers, their courage has sparked global reforms. In Bangladesh, where corruption undermines institutions and public trust, whistleblowers play an even more critical role. Protecting and empowering them is essential for a transparent and accountable society. 

The Public Interest Information Disclosure Act of 2011 was a landmark effort to safeguard whistleblowers. It provides legal protections for individuals disclosing misconduct in the public and non-government sectors. Despite this progress, the act is hampered by several critical shortcomings:

Limited scope: the act focuses primarily on public-sector disclosures, excluding private enterprises, private companies, banks, non-governmental organisations (NGOs), and contractors. Corruption in these sectors often has far-reaching consequences, making their exclusion a significant oversight.

Inadequate protections: while the act promises anonymity and protection from retaliation, these measures are neither comprehensive nor effectively enforced. For instance, courts can disclose a whistleblower's identity under certain circumstances, exposing them to harassment and threats.

Lack of incentives: unlike models in the United States and South Korea, the act does not offer financial rewards or career protections. This lack of incentives dissuades individuals from taking the risks associated with whistleblowing.

Weak implementation mechanisms and limited public awareness: the act relies on departmental authorities to address whistleblower complaints, raising concerns about impartiality. The absence of an independent oversight body undermines trust in the process. Most citizens, officials, and even legal practitioners are unaware of the act and its provisions, reducing its efficacy. Without awareness campaigns, the law remains underutilised.

Global best practices: lessons for Bangladesh

Several countries have implemented robust whistleblower protection frameworks, offering valuable insights for Bangladesh. The United States stands out with comprehensive laws such as the False Claims Act (FCA), which enables whistleblowers to sue fraudulent contractors and earn a share of recovered funds, and the Dodd-Frank Act, which protects financial sector whistleblowers and offers substantial rewards over $700 million awarded by the sec since 2011. 

The European Union has standardised protections through its 2019 whistleblower protection directive, ensuring safeguards against retaliation, confidential reporting channels, and penalties for retaliation. 

South Korea's Anti-corruption and Civil Rights Commission Act incentivises disclosures with financial rewards and compensation for retaliatory losses while providing sector-wide protections. Similarly, Canada's Ontario Securities Commission encourages private sector whistleblowing with monetary incentives and strict confidentiality measures, enhancing reporting and legal actions. These examples underscore the importance of strong legal frameworks to encourage whistleblowing and combat corruption effectively.

Proposed reforms for Bangladesh's Whistleblower Protection Act

To address the gaps in its Whistleblower Protection Act, Bangladesh must undertake significant reforms to create a supportive environment for whistleblowers. The act's scope should be broadened to include private sector entities like companies, banks, NGOs, and contractors, as well as categories of misconduct such as environmental violations and corporate fraud. Introducing financial incentives, as seen in the US and South Korea, can motivate individuals to come forward despite the risks. 

An independent oversight body is essential to investigate complaints impartially, provide legal and psychological support, and ensure fair handling of disclosures. Strengthened protections against retaliation, including legal remedies and strict penalties for violators, are crucial. 

Confidentiality must be guaranteed, with whistleblower identities revealed only under exceptional, safeguarded circumstances. Public awareness campaigns can educate citizens and officials about the law's benefits, promoting transparency and encouraging reporting. 

Additionally, technology such as secure, anonymous platforms and blockchain-based systems can ensure confidentiality and evidence integrity. These reforms are essential to foster transparency, deter corruption, and uphold the rule of law in Bangladesh.

A moral and legal imperative

Protecting whistleblowers is not just a legal necessity but a moral obligation for any society committed to justice and accountability. While a commendable start, the Public Interest Information Disclosure Act of 2011 requires significant reforms to achieve its potential.

By expanding the law's scope, introducing financial incentives, and strengthening protections, Bangladesh can create a robust framework that empowers whistleblowers to act without fear. 

Learning from global best practices, the nation can address systemic corruption, recover stolen assets, and foster a culture of transparency and accountability. In the fight against corruption, whistleblowers are not merely informants but defenders of public integrity and champions of justice. Ensuring their protection is essential for building a fair and accountable society.

Kollol Kibria is an advocate, human rights activist, and political analyst. He can be reached at kollolkibriaa@gmail.com 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.