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Strengthening whistleblower protections by Transparency International June 2013 Whistleblowers play an important though often risky role in exposing corruption. They need better protection from retaliation and greater recognition for their achievements. Corruption by its nature is secret and to expose it often requires ordinary people who witness wrongdoing to speak out about it. This can endanger lives and livelihoods, which is why strong whistleblower protection laws are indispensable. If no one is going to protect you for doing the right thing, why expose yourself to being fired, defamed, blacklisted, attacked or even killed? The United Nations Convention against Corruption (UNCAC) recognises the importance of whistleblower protection and reporting channels. However, many of the 167 countries that have ratified the Convention still lack adequate legal protections, or the means and will to use them to protect and empower whistleblowers. Transparency International established internationally accepted guidelines to strengthen whistleblower protection in countries that have signed the UNCAC. Last week the Implementation Review Group (IRG) established by the United Nations to monitor how the UNCAC is being implemented, met in Vienna. We are now in the third year since the UNCAC introduced a monitoring mechanism to produce reports about how well countries are implementing their commitments under the Convention. The IRG’s job is to evaluate the results of the review process and make recommendations to the Conference of States Parties that will meet in November in Panama. Shortcomings and recommendations on whistleblower protection The UNCAC review process has shown that there are wide variations in how countries implement whistleblower protection. This type of protection is particularly complex and difficult to guarantee by law because of cultural differences and a lack of specificity on what laws can and cannot do to protect whistleblowers. But there are universally agreed minimum standards and best-practice guidelines. TI’s International Principles for Whistleblower Legislation include 30 specific recommendations on what works best to protect the brave people who decide to speak out. The guiding principle is that all people working in the public and private sectors should have: accessible and reliable channels to report wrongdoing; robust protection from all forms of retaliation, and mechanisms for disclosures that promote reforms to correct legislative, policy or procedural inadequacies, and prevent future wrongdoing. These principles were presented in a panel discussion organised by Transparency International and the UNCAC Coalition during a meeting between the IRG and NGOs in Vienna last week Transparency International also presented a study analysing the IRG’s reviews of countries’ performance in meeting the UNCAC’s whistleblower provisions. It found that the UNCAC review process does not pay enough attention to the issue of whistleblower protection, and that the IRG should recommend that governments take more action on whistleblowing. To advance whistleblower rights, the IRG and UNCAC countries should draw on extensive civil society experience and include the comprehensive guidelines produced by Transparency International. The call for more whistleblower protection is also being made by the UNCAC Coalition, a group of more than 350 non-governmental organisations around the world that monitor and promote the UNCAC. That network is calling for action at the 5th Conference of States Parties for the UN Convention against Corruption due to take place in Panama from 25 – 29 November 2013. They would like the UN to be tasked with expanding the work in this area. http://www.transparency.org/topic/detail/whistleblowing http://www.uncaccoalition.org/ Visit the related web page |
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Ten most neglected displacement crises in the world by Toril Brekke Norwegian Refugee Council 20 June 2013 They receive little or no aid and often minimal protection. On World Refugee Day, the Norwegian Refugee Council releases the list of the ten most neglected displacement crises in the world. Central African Republic tops the list. “Displacement puts people in a very vulnerable position, and many of the world’s refugees and internally displaced people are dependent on humanitarian assistance and protection. Yet, millions of displaced people in need are being neglected and receive limited or no support. Every year this neglect costs thousands of lives that could have been saved”, says Acting Secretary General of The Norwegian Refugee Council Toril Brekke. Although there are no universal criteria for defining neglected displacement situations, several characteristics recur: Very limited or no humanitarian presence, low media visibility, lack of funding, difficult security situation or deliberate neglect by political and armed actors are all factors that come into play. “The lack of correlation between the actual humanitarian needs and the help that is given is often striking in neglected displacement situations. The media"s role cannot be overstated when it comes to influencing public opinion and politicians. Unfortunately, the public’s attention is often limited to one or very few crises”, says Brekke. 45.2 million people were in situations of displacement at the beginning of 2013, the highest figure since 1994. “Human rights are universal, but must often give way in the face of political realities. It is unfortunately very hard to raise money to help people in protracted crises situations like the Central African Republic, which tops this year’s list of neglected displacement crises. The humanitarian appeal for the Central African Republic is for example only about 30 per cent funded”, says Brekke. Neglect can affect an entire country, as the Central African Republic, or it may affect certain groups, such as indigenous groups (Colombia, Bangladesh, West Papua), women and children or those seeking refuge in big cities and disappear in the slums. These people are often not even recorded and lose access to the assistance and protection they are entitled to. Neglected displacement crises 2013: 1. The Central African Republic (CAR) The number of people forced to flee from their homes has continued to rise after the rebel movement Seleka captured the capital Bangui in March 2013. The displaced are caught in an extremely vulnerable situation, they lack almost all basic services and are without any protection. According to the UN High Commissioner for Refugees (UNHCR), 88 per cent of refugees live in constant fear. 2. Iraq March 19, 2013 marked the tenth anniversary of the US invasion into Iraq. The past ten years have been characterised by political instability and a very challenging security situation. Iraqi authorities report that there are 1.1 million internally displaced persons in the country. These people are largely forgotten, and about half of them live under very difficult conditions. Meanwhile, Iraq has received 140,000 refugees from Syria, a number that is expected to increase to 350,000 by 2014. 3. Western Sahara Ever since the Moroccan occupation in 1975, the 165,000 Sahrawi refugees in Algeria have lived without the world"s attention. Their patience is stretched to its limit. The humanitarian assistance they have received has been very limited. Most striking is the lack of international political will to find a solution. 4. Myanmar The Muslim Rohingya minority in Myanmar has been subjected to discrimination and abuse for years. In 1982, they were deprived of their citizenship. Around 230,000 are now in Bangladesh – 28,000 of these in refugee camps, while the rest are considered immigrants without legal residence. In practice, they are virtually without rights. 5. DR Congo In 2012 the level of conflict in Eastern Congo escalated, and around one million people were displaced from their homes. The conflict has been going on for two decades, claiming millions of lives and forcing the people of Eastern Congo to flee over and over again. The complexity, scale and duration of the conflict have led to resignation within the international community. 6. India The official figure of 540,000 internally displaced persons include mainly those living in camps. All estimates suggest that the number of people residing outside of camps is even higher. The Indian government has no legislation or policies aimed at addressing the needs of internally displaced persons. 7. Indonesia (West Papua) West Papua was annexed by Indonesia in 1969 and is the only province in Indonesia where there is still on-going armed conflict. Since 2001, tens of thousands of Papuans have been displaced by military operations. The displacement continued in 2012. 8. Sudan (Darfur) There were new clashes and more people forced to flee from Darfur in 2012. The conflict between the government and armed groups remains unsolved. 1.7 million people are internally displaced and a large number of people are refugees in neighbouring Chad – with no durable solutions in sight. 9. North Korea The fact that the number of North Koreans who fled to South Korea through China or other Southeast Asian countries went down from 2700 in 2011 to 1500 in 2012 is not positive news. The reason is not that the humanitarian crisis is over or that the human rights situation in North Korea has improved, but rather that control measures along the border rivers with China were tightened. China regards all North Korean refugees as economic migrants and practices forced return. 10. Nigeria Since the late 1990s, people have been driven from their homes in Nigeria because of armed conflict and human rights violations. Lack of information, registration and attention, along with neglect from national governments and the international community, has resulted in the displaced receiving very little or no humanitarian assistance. * Read more at http://www.nrc.no |
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