Parliament on Thursday stood over some clauses in the Whistleblowers Bill 2009. The Bill seeks to create an enabling environment for both citizens and non-citizens to freely disclose information on corrupt officials or improper conduct both in the public and private sectors.
MPs are opposed to some provisions such as disclosures to the Resident District Commissioners. Some MPs think the RDCs are not professional and may politicise it.
Blowing the whistle on the corrupt is a risky venture. The informers may face reprisals and persecution from the accused persons.
A clear example is of a whistleblower who helped the URA to recover over sh3.8b in tax from people in private and government institutions between 2002 and 2005. To-date he has not been paid his entitlement, 10% of the recovered amount.
While his identity should have remained secret, the attempt to recover the money through the courts has exposed him to grave danger.
The Bill does not provide sufficient protection and incentives. Since the concept of whistleblower comes in the context of fear, there is need for protection of informers.
The Bill is also not clear on how whistleblowers should be paid. There is an argument that Ugandans should be patriotic and not demand for compensation. This is a fallacious arguments as it does not take into account the motivational factors for the disclosures.
We should appreciate this proposed legislation and incorporate changes which will promote disclosures.
Disclosures should be made to a public sector entity such as IGG’s office or Parliament and not individuals like RDCs. This is because these public sector entities have responsibility to take appropriate action about the information disclosed.
MPs should also look at the internal processes for handling disclosures. A person giving information must have legal privilege, protection and rights of compensation.
Secrecy has been a curse of Ugandans public life for far too long. Incentives to informers including close protection and financial assistance would go a long way in promoting openness.