IMPLEMENTATION OF THE WHISTLEBLOWERS ACT 2006 – CHALLENGES & OPPORTUNITIES
As part of the need to reduce corruption to be able to achieve the necessary poverty reduction, meet the Millennium Development Goals and move Ghana into the middle income country, a bill to encourage and protect whistle blowing was enacted in 2006.
The proposed bill presented to Parliament after various consultations during the formulation strategies was to provide for the manner in which individuals may in the public interest disclose information that relates to unlawful, corrupt or other illegal conduct or practices in the country. The Bill ensured that persons who make the disclosures are not subjected to victimization, recognizes that corrupt and other illegal conduct in the organs of State, the private sector and other institutions in society undermines efficiency, accountability and transparency in governance and good corporate practice. It was therefore important to establish a mechanism that will lead to the detection of criminal, corrupt and other illegal conduct as a way of promoting good governance. The Bill further explains that it does not in any way affect in any manner the role of informants. Security agencies can therefore continue to solicit and receive complaints whose identity may not be disclosed.
After consultations with different stakeholders led by members of the Ghana Anti-Corruption Coalition, the bill was passed by Parliament and given assent on 20th October 2006. Not too long after its passage there have been concerns as to whether the act will be able to provide an adequate environment for an effective whistle blowing. Coupled with this is the fact that whistle blowing is a new concept and there is the need to work with the general populace to understand and take advantage of the opportunity it offers to report cases of impropriety.
Thus as part of the anti-corruption agenda, the Ghana Anti-Corruption Coalition held two dialogues ( Kumasi with Ashanti Regional Branch of Ghana Journalist Association, and Ho with 18 institutions mandated by the law to implement the act) with the various stakeholders to take a critical look at the implementation of the law so that it adds value to the fight against corruption rather than drawing society back.
OBJECTIVES OF THE DIALOGUE
The objectives of the dialogue are to;
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Raise awareness and upgrade knowledge about the whistleblower Act 2006
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To create a common platform for all stakeholders in the act to make collective inputs into the formulation of some guidelines needed to implement the Act.
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To build knowledge and skills on the act
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Outline a common strategy on how to collaborate in effectively implementing the act.
In all 40 decision makers in the organizations representing the list of institutions empowered by the Whistleblowers Act 2006 to receive disclosure attended the dialogue in Ho. Organization represented were members of the Ghana Anti-Corruption Coalition, Journalist, Police, Commission on Human Rights and Administrative Justice, Serious Fraud Office, Bureau of National Investigation, Narcotic Board, Traditional Rulers, District Assembly Members, Religious Leaders and civil society organizations among others. 40 Journalist from Ashanti Regional Branch of Ghana Journalist Association participated in the dialogue in Kumasi.
Participants critically reviewed the implementation of the Act, and assessed the challenges in implementation within their present mandate of investigations and protecting informants. At the end of discussions participants agreed that there were opportunities that they can tap within their existing institutional arrangement to bring on board in implementation and proposed some short and long term strategies for further discussion with various stakeholders for effective implementation.
Click here for pictures from the dialogue