In a Time of War, Ukraine Still Protects Whistleblowers
By Sydney Johnson
On January 23, delegates from Ukraine visited our office to discuss their nation’s whistleblower legislation and to hear our view. The delegation included a prosecutor, a judge, government officials responsible for whistleblower concerns, a representative of an anti-corruption NGO, and an investigative reporter. We escribed our national and international efforts in creating whistleblower policy reforms. As we further explained, in the United States, we have developed and helped promote the successful enactment of 35 laws for corporate and government whistleblowers and nationally, we have continued our work with the United Nations, European Union, and various countries, including Ukraine.
The Ukraine delegation described efforts to protect whistleblowers and ensure that government funds are not stolen. For example, despite the war with Russia raging for over two years, Ukrainians are simultaneously rebuilding their homes, relying on significant levels of government funds in doing so. They described the process of dispensing funds quickly, efficiently, but with safeguards against fraud. Apparently, the United States has taken great interest in these anti-corruption measures and considers strong whistleblower protections as a condition for continued financial support.
As Ukraine fights to join the EU, its regulations need to be in line with the EU’s directive as well. In our view, as we described in detail to the delegation, Ukraine’s whistleblower rules and protections meet and exceed the EU’s directive in several instances. There is internal and external freedom to report fraud, waste, and abuse with organizations with more than 50 employees having internal reporting channels for employees. However, going further, Ukrainians are free to go to the press or the government before notifying their employer of the witnessed fraud, waste, and abuse. In attendance, the investigative reporter remarked on the importance pressure from the media plays in validating whistleblower claims.
Remedies such as funding and job security provide interim relief for individuals who blow the whistle. The country’s legislation stipulates the whistleblower, and even close relatives, cannot be denied employment, fired, subjected to disciplinary actions, or face any retaliatory actions due to their activity—a provision exceeding any law within the United States In addition, whistleblower employees in Ukraine and the United States have strong rights to participate in the investigation of their claims of fraud, waste, and abuse.
In the case of national security, Ukrainian whistleblowers may use classified information they have lawful access to despite the ,security or clearance level of the documents. This is a not the rule the United States. For years we have fought for the right for national security whistleblowers to raise a public interest defense when accused of releasing classified information.
In the United States, we have law firms and government offices specifically designated for whistleblower claims, protections, litigation, and legal assistance. However, a Ukrainian prosecutor explained most Ukrainian whistleblowers do not seek personal counsel and, instead, go through the process on their own.
We applaud Ukraine, not only in its courageous to fight against Russian invasion, but it’s commitment and effort to provide protections and assistance to whistleblowers even with the demands and distraction of war.