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Are Whistleblowing Laws Working? A Global Study of Whistleblower Protection Litigation

International Bar Association;Government Accountability Project (2021), 81 pp.
"There are three imperatives for advancing whistleblower protection: (1) to draft and enact comprehensive antiretaliation laws that reflect global best practices by learning from and acting on mistakes or omissions in less sophisticated pioneer laws; (2) to turn paper rights into reality by ensuring laws are used and implemented as intended; and (3) to improve the development of and access to technologies that facilitate confidential reporting of misconduct to protect the privacy of whistleblowers and their families [...] I n this report, we examine the strength of national whistleblower laws on paper, comparing their provisions to global best practices. We then review their track records to assess whether they are in fact making a difference. To test the effectiveness of whistleblower laws, we explored whether whistleblowers utilised the laws and the win-loss rates. The results, as detailed in the findings section, suggest that in many of the 37 countries we examined, the effectiveness of national whistleblower laws appears questionable due to a lack of public access to case decisions and data on settlement agreements, a lack of utilisation of the laws for disputes, a poor success rate for whistleblowers and meagre compensation for the few whistleblowers who prevail." (Abstract)
Introduction, 9
The effectiveness of whistleblower laws in reality, 35
Case studies, 37
Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa -- Sub-Saharan Africa
Analysis, 64
Recommendations, 69