Whistleblowers: the Unsung Heroes

Whistleblowing is a bribery and corruption prevention strategy that does not receive the credit it deserves. In fact, rather than relying exclusively on laws, regulations, and resolutions, whistleblowing can be considered a highly effective method to combat bribery and corruption in any field, including government or corporate settings. Whistleblowing often leads to sustainable solutions, as it involves voices from various levels, ranging from grassroots to top-tier management. However, there are plethora of challenges whistleblowers face when they blow the whistle. Nonetheless, whistleblowers play a crucial role in preventing bribery and corruption, and this pivotal role enables preserving the security of any nation.

As stated by the National Center for Whistleblowing (2021), at its core, a whistleblower is an individual who discloses instances of wastefulness, fraudulent activities, misconduct, corruption, or hazards to public well-being, with the intention of prompting corrective actions. While whistleblowers are often affiliated with the organization where the wrongdoing occurs, it is not a prerequisite; anyone can assume the role of a whistleblower as long as they reveal information about the wrongdoing that would otherwise remain concealed. In simple terms, a whistleblower is a person who acts responsibly on behalf of themselves as well as others. Whistleblowers play an extremely imperative role in any society, as they stand for justice, promote accountability, and advocate transparency.

When looking at its link to national security, whistleblowers play a crucial role. One prominent action is whistleblowers exposing imminent and occurred security threats. They are capable of disclosing breaches of security, illegal surveillance, and in situations where individuals or entities are attempting to divulge material information. Whistleblowers uncover injustices, misconduct, and beyond-the-scope activities of decision-makers within government or private entities. If individuals engage in unethical practices, illegal actions, or actions jeopardizing integrity, whistleblowers blow the whistle. One such example, as reported by St. Francis School of Law in 2022, is whistleblower Frank Serpico’s case. He was the first police officer who openly testified about corruption within the New York Police Department, reporting instances of police corruption, including bribes and payoffs, despite facing numerous obstacles. His revelations contributed to a 1970 New York Times story on systemic corruption in the NYPD, leading to the formation of the Knapp Commission. In 1971, he survived a suspicious shooting during an arrest, raising concerns about potential attempts to harm him. Serpico’s bravery emphasized the importance of accountability and transparency in law enforcement.

Whistleblowers also contribute by facilitating accountability by bringing into light corrupt practices such as mismanagement of money. An example is, in 1968 when A. Ernest Fitzgerald, known as the “godfather of the defense movement,” exposed a staggering $2.3 billion cost overrun related to the Lockheed C-5 transport aircraft. His courageous testimony before Congress shed light on issues in defense contracting and resulted in substantial government savings. Fitzgerald’s contributions went beyond the immediate case, playing a crucial role in the passage of the Whistleblower Protection Act of 1989. This results in a culture of accountability where representatives of the public are answerable to their actions. Whistleblowers uphold the rule of law and promote justice by defending the rights of the citizens. It fosters democracy.

However, whistleblowers are often subjected to criticism for standing up against injustice. They fear retaliation, as guilty parties may try to silence them out of revenge. Additionally, companies or institutions may not take whistleblowers seriously, leading them to avoid addressing the reported issues. In many cases, this happens because governments or authorities in power might be involved in bribery and corruption. Public recognition and appreciation of whistleblowers’ contributions to society are vital and should not be perceived as excessive. In addition, there are situations where groups of individuals create sub cultures within organisation and act against rules and protocols jeopardising inclusive culture. In such situations, reporting to a superior will be seen as favoritism or being overly devoted to the institution. This toxic environment demotivates valuable employees or those willing to stand against injustice. The lack of adequate legal protection further compounds the challenges faced by whistleblowers. Moreover, the courage to stand against bribery and corruption is in dire need, as many individuals may lack the moral fortitude to do so.

Whistleblowers are internationally and domestically protected, primarily through the adoption of the United Nations Convention against Corruption. Other international agreements, such as the African Union Convention on Preventing and Combating Corruption and the Organization of American States Inter-American Convention against Corruption, also demonstrate a commitment to whistleblower protection. Various influential international organizations, including the G20, OECD, and APEC, have played a role in promoting whistleblower laws and best practices worldwide. On the domestic front, countries like Sri Lanka have specific laws dealing with corruption, while OECD findings highlight countries with comprehensive whistleblower laws such as the United States, Canada, Japan, and others.

Despite these efforts, there are still some ambiguities and gaps in provisions that hinder effective whistleblowing. For instance, the proposed anti-corruption bill in Sri Lanka allows public officers to accept gratifications authorized by written law or employment terms, which undermines the core objectives of the bill and enables influential individuals to evade accountability for corrupt gains. In Russia, whistleblower protection is limited, with unsuccessful attempts to establish protective measures in 2017. This puts Russia behind the EU, which has implemented robust whistleblower protection through the Whistleblowing Directive.

It is evident that whistleblowers play an indispensable role in combatting bribery and corruption, acting as a highly effective strategy to preserve the security of any nation. Despite facing numerous challenges, these individuals contribute significantly by uncovering wrongdoing, promoting accountability, and upholding transparency. By exposing imminent security threats and holding corrupt practices accountable, whistleblowers safeguard the rule of law and foster democracy. However, to harness the full potential of whistleblowing, it is crucial to address barriers to reporting and remedy afore mentioned legal hurdles. Encouraging a whistleblowing culture and recognizing their contributions will enable society to effectively mitigate and combat bribery and corruption, by creating a more just and transparent environment. To accomplish this, organizations can embrace a culture of whistleblowing, by conducting awareness campaigns, implementing training programs, and fostering a safe and supportive environment for whistleblowers to come forward. In addition, implementing technical measures and policies to ensure whistleblower protection, authorities can demonstrate their commitment to supporting those who expose wrongdoing. These collective actions will strengthen the pivotal role of whistleblowers in preserving security by combating bribery and corruption, fostering a safer and more ethical society for the future.

Charani Patabendige
Charani Patabendige
Charani LCM Patabendige is a Research Assistant and an Acting Research Analyst at the Institute of National Security Studies (INSS), the premier think tank on National Security established under the Ministry of Defence. The opinion expressed is her own and not necessarily reflective of the institute or the Ministry of Defence.