German nurse shows need for G20 check-up

G20: Leading on anti-corruption? The view from civil society

The Group of 20 major world economies made an ambitious commitment: In their Anti-Corruption Action Plan they promised to enact and implement whistleblower protection rules by the end of 2012, based on existing best practice. Doubts remain whether these commitments will indeed be implemented while the need for effective protection of those who dare to disclose corruption and wrongdoing is ever more apparent.

A recent legal case that had gone all the way through the German legal system and on to the European Court of Human Rights in Strasbourg shows why such protection is direly needed. The July 2011 judgement showed how the lack of protection for people who blow the whistle on corruption can destroy lives.

The case of Brigitte Heinisch was shown along with other Whistleblowers at an exhibition of the Whistleblower Netzwerk at Kunsthaus Tacheles, Berlin. You can find the link to the virtual exhibition below. Photo: Petrov Ahner

After seven years of hardship, the Strasbourg court ruled in favour of a German nurse who had been dismissed after disclosing mistreatments of elderly patients. These included patients lying in their excrement for prolonged periods or being tied to their beds without a court ruling.

Because her internal reports received no response, she approached the trade union, ultimately taking her concerns public. The employer, Vivantes Group, reacted by firing her. She sued the employer and went through the entire German legal system, only to find that it did not protect her against the dismissal.

The case will hopefully provide encouragement to other people who want to report corruption and mistreatment, but until now were afraid of retribution from their employer.

Similar situations could occur in many European countries, where protection mechanisms are weak and poorly enforced, according to Transparency International research and reports. In too many cases, whistleblowers do not only risk their jobs and livelihoods, but sometimes even their lives.

So what’s happening with the G20’s commitments to implement effective protection legislation?

At their November 2011 meeting in Cannes, the G20 Heads of State agreed to a compendium of best practices and guiding principles for whistleblowing legislation, drafted by the OECD.

This paper is a huge step forward for most of the G20 countries, as outlined in a civil society submission to the G20 in September 2011.

According to the paper, G20 member states should pass dedicated and comprehensive whistleblower protection legislation, covering the public and the private sector.

  • Legislation should ensure protection from any form of discriminatory or retaliatory personnel action and allow for external disclosure.
  • Companies should establish effective internal reporting channels and provide incentives for whistleblowers, including financial rewards.
  • The compendium builds on existing best practice and takes other guiding principles into account, such as the ones developed by Transparency International and other international experts.

The greatest weakness of the text is that the whistleblower must be able to show that he or she had reasonable grounds for the disclosure. This opens doors for arbitrary court procedures and can discourage potential whistleblowers from speaking up.

Would whistleblowers be in a better position if all G20 members passed legislation along these lines?

Definitely.

The real question, however, is whether G20 members will implement these commitments at all.

A failure of doing so will mean a lost opportunity for fighting corruption and other wrongdoings. In Germany, a small opposition party has presented a law proposal to overcome limitations of the current legislation.

In other G20 countries whistleblower protection is rather being weakened – despite all commitments made at high level. In South Africa, for example, the recently adopted secrecy bill, shrinks whistleblower protection dramatically.

Civil society will have to play a strong watchdog role to avoid that these commitments end up being empty promises.

Whistleblowing has a negative image in European countries. Read a report about it here.

The case of Brigitte Heinisch was shown along with other Whistleblowers at an exhibition of the Whistleblower Netzwerk at Kunsthaus Tacheles, Berlin. You can look at the virtual exhibiton here.

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Anja Osterhaus

About Anja Osterhaus

Anja Osterhaus is Regional Programme Manager for the Europe and Central Asia department in Transparency international.

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6 Responses to German nurse shows need for G20 check-up

  1. Olateju Michael Amodu 19 January 2012 at 10:49 pm #

    Am deeply sad at what is happening in my country Nigeria. I saw the index score card and i am aches to further emerging what we happen to my country in the next 10 years if we lay on our belly, allowing our corrupt officials to continue. I honestly, always have the believe that the politicians will not change except we teamed to change them. Their behaviors has always been perceived as persons planning a long war against her people.

    If you are a Nigerian and reading this, please, let us begin to think on how seriously we can revolt against these our stubborn enemies called our leaders. If we failed, our children will suffer and cursed us.

  2. HITESH BHATT 11 May 2012 at 5:08 pm #

    Firstly you need to work hard & threadbare to create awareness amougst the masses here in India about your core activities. The rampent corrut practies, according to my assessment, are intently practised in the those countries which are under developed or under developing nations & India is one of them.

    To fight & eradicate corruption from the indian soil financial support along with the representation of world renowned body is the most important & needful aspect. I am not so keen in merely participating forum if the dictates or dictums are only confined to papers only.

    There has to have a proactive action without which no real objective is served. And, please be mindful that the essence of any business lies in the steps taken immediately without any delay.

    AS DELAY OF ANY KIND WITHOUT ANY VALID OR AUTHENTIC REASON IS CORRUPTION/DELAY TACTIES, TO ME.

  3. Eric 28 March 2014 at 5:16 pm #

    To find a job as a doctor or nurse in Germany we recommend: http://www.tta-personalmedizin.de

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