Liberian President Ellen Johnson Sirleaf has issued Executive Order #22, a Whistleblower Act, which is intended to protect anyone who discloses information about actions of impropriety against the public interest or public good that is occurring, has occurred, or will occur in any public or private institution.
According to a Presidential Mansion press statement issued Tuesday, the objective of the Executive Order is to protect persons employed in both public and private institutions who disclose information about action against the public interest or good in any public or private institution, unless otherwise provided by law, to allow individuals the right to take legal action in respect of retaliation and related matters.
The Executive Order applies to any protected public interest disclosure which is made after the date on which the Executive Order comes into operation. The Order binds all persons, including the state, the statement said.
“Public interest disclosure” in this sense means specific disclosure by an individual involving illegality, criminality, breach of law, miscarriage of justice, danger to public health and safety and damage to the environment and includes attempt to cover up such malpractices in any governmental establishment, public or private enterprise.
The Whistleblower Act is to be submitted to the Liberian legislature for passage into law.
The Order notes the importance of protecting the Liberian society against the continued acts of impropriety and other practices that will continue to seriously impact negatively upon the nation.
Under the Executive Order, a whistleblower who meets the criteria set forth and acting in good faith, shall not be subjected to retaliatory action by the employer, by a fellow employee or by another person because a disclosure has been made.
Retaliation, under conditions of the Executive Order, is unlawful and is an indictable offense where the person making the disclosure has acted within the law, met the criteria of the Executive Order and acted in good faith.
Accordingly, an employer or person retaliating against a person who is properly making a public interest disclosure, commits an offense punishable by a maximum penalty of two years, in the category as defined by the Penal Law of Liberia.
Executive Order #22, further states that a whistleblower who has suffered retaliation under provisions of the Order, can seek redress according to the form of the retaliation suffered – if criminal, from the Ministry of Justice ; if employment-based, from the Ministry of Labor ; if economic, from the civil courts through an action in damages.
Source African Press Agency
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