Whistleblower protection remains too complex, Federal Institute for Human Rights warns
The Federal Institute for Human Rights (FIRM) says Belgium’s whistleblower legislation remains too technical and complex for many people to navigate. In its first biennial report on whistleblower protection, the institute stresses that the system must be easier to understand so individuals can make informed decisions about reporting wrongdoing.
Belgium has had federal whistleblower legislation for two years, to support those who want to expose wrongdoing within their company. FIRM is responsible for evaluating its application every two years. According to the institute, the federal framework goes beyond the requirements of the 2019 EU Whistleblowing Directive.
"The legal framework protecting whistleblowers is very advanced and ambitious at the federal level, which is positive," said FIRM director Marien Schotsmans. "But the framework is also technical and complex. It is essential that everyone understands what their rights are and can make a fully informed decision to report a situation or not, without running the risk of being disadvantaged by a lack of clear rules."
Too difficult to grasp
FIRM notes that the system is difficult to grasp not only for whistleblowers but also for the authorities tasked with applying it. Two separate laws exist: one for the private sector and another for the federal public sector. That results in different reporting conditions, procedures and investigation timelines. Additional regional and sector-specific rules add further complexity.
According to the institute, this patchwork of regulations risks discouraging people from reporting abuses, fraud or breaches of the law. "The complexity harms the readability of the protection framework," Schotsmans said. To resolve this, greater harmonisation of legislation and wider awareness of whistleblower rights are needed, the director argues.
These points form part of around 50 recommendations that FIRM is issuing to the federal parliament and government. The institute also calls for simplifying certain procedures and stepping up efforts to provide clear information about whistleblower rights and the roles of the various actors involved.
US whistleblower and former Facebook engineer Frances Haugen gives a testimony at the European Parliament in Brussels. PHOTO © JOHN THYS / AFP
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