Protection Of Whistleblower: Analysis Of Bangladeshi Laws And International Practices

N. M. Eftakharul Alam Bhuiya, Advocate, Supreme Court of Bangladesh, Head of Chambers, ProLegal.

Mashrur Rahman Mahin, LLB (Honours), LLM in International Law, Jahangirnagar University, Trainee (Corporate & Commercial Team), ProLegal

Sumaiya Sultana Ritu, LLB (Honours), Faculty of Law, Jagannath University, Trainee (Corporate & Commercial Team), ProLegal.

ABSTRACT

Whistleblowing is a crucial mechanism for uncovering instances of corruption, misconduct, and unethical behaviours within both public and private domains. This article explores whistleblowing's significance and challenges, with a focus on Bangladesh while emphasizing the importance of protecting whistleblowers and promoting accountability in addressing misconduct at both global and local levels. Bangladesh has made progress in its legal system since gaining independence in 1971, however, the antiquated Official Secrets Act of 1923 remains in effect, nevertheless. This article discusses concerns and criticisms of long-standing legislation. In 1993, the Supreme Court of Bangladesh rendered a notable decision that showcased the Official Secrets Act's efficacy in safeguarding state secrets. It examines the importance of whistleblowing in various areas, such as reporting illegal activities, promoting workplace safety, protecting the safe work environment, and upholding ethical principles. It highlights how whistleblowing helps prevent corruption and safeguard public finances. Legal safeguards for whistleblowers are important for disclosing misconduct by focusing on the US laws: Sarbanes-Oxley Act, Dodd-Frank Act, and EU's Whistleblower Protection Directive. This paper explores the advantages of whistleblowing, such as deterring illegal activities, reducing costs, and protecting a company's reputation, furthermore, it acknowledges the challenges in promoting whistleblowing, such as reprisal risk and evidence collection hurdles. This paper analyses the international framework for protecting whistle blowers, focusing on key instruments like the UN Convention against Corruption, OECD norms, and UNCAC. This paper presents a comprehensive examination of the legal framework for safeguarding

whistleblowers in Bangladesh, with a specific focus on the Public Interest Information Disclosure (Protection Provision) Act enacted in 2011. The thesis examines measures to protect anonymity, provide legal immunity, and prevent retaliation. This study looks at a system that rewards and penalizes people for reporting wrongdoing. Current legislation fails to protect relatives of data whistleblowers, creating a significant barrier. This thesis examines ways to improve whistleblower protection, update legislation like the Official Secrets Act, and promote ethical corporate culture. The paper argues for necessary revisions to align legislation with current norms, using recent developments in the United Kingdom as evidence, various measures including creation of a watchdog for whistleblowers, updating laws, and promoting ethical corporate culture, have been suggested to take into consideration for the betterment of whistleblowing culture. The paper concludes through highlighting on the significance of collaboration among various stakeholders to protect whistleblowers and improve whistleblowing conditions in Bangladesh.