Acting in good faith and in the public interest: Protecting whistleblowers

Last week we began the examination of the Protected Disclosures (Whistleblower) Bill 2015. Our previous articles on the subject referred to the practice in the Caribbean and elsewhere. My good friend, Chris Ram, drew to my attention Articles 32-33 of the Constitution which state that “32. It is the joint duty of the State, the society and every citizen to combat and prevent crime and other violations of the law and to take care of and protect public property. 33. It is the duty of every citizen to defend the State.” I should thank Mr. Ram for pointing out the above constitutional requirements and therefore premise my argument not only on the prevailing practice in other countries but also, more importantly, on those requirements.

Additionally, whistleblower protection is an important aspect in any fight against corruption. If the draft legislation is passed in the National Assembly and the Act fully operationalised, we are likely to see a further improvement in Guyana’s ranking and score on the Corruption Perceptions Index (CPI). It will be recalled that, based on the 2016 assessment carried out by Transparency International, Guyana’s score